Appellate Division of the Supreme Court of the State of New York December 6, 1979, Claim No. 58336 (Sebukaty v. State)

— Appeal from a judgment, entered August 11, 1978, upon a decision of the Court of Claims. This is a claim for wrongful death, alleging negligence on the part of the State in the design, construction and maintenance of State Highway Route 9, including its guardrails. On December 5, 1973, at about 3:00 a.m.