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Gurevitch v. State

Supreme Court of New York, Appellate Division

October 27, 1954

ANNIE P. GUREVITCH, Individually and as Administratrix of the Estates of MAX GUREVITCH and Another, Deceased, Appellant,
v.
STATE OF NEW YORK, Respondent. LEO BLUM et al., Appellants,
v.
STATE OF NEW YORK, Respondent. JOHN N. FOLMAR, Appellant,
v.
STATE OF NEW YORK, Respondent. WILFORD CHAVERS, Appellant,
v.
STATE OF NEW YORK, Respondent. HIRAM SMITHART, Claimant,
v.
STATE OF NEW YORK, Defendant. JOEL STEPHENS, Claimant,
v.
STATE OF NEW YORK, Defendant. Claim No. 31495. Claim No. 31784. Claim No. 31828. Claim No. 31829. Claim No. 31827. Claim No. 31882.

Page 718

APPEALS from judgments in favor of defendant, entered March 26, 1954, upon a decision of the Court of Claims (RYAN, J.), dismissing the claims on the merits.

COUNSEL

Lewis C. Ryan and John F. Gates for Annie P. Gurevitch, individually and as administratrix, appellant.

Benjamin A. Quitt for Leo Blum and another, appellants.

Sigmund Schwartz and David Perman for John N. Folmar and another, appellants.

Nathaniel L. Goldstein, Attorney-General (John R. Davison and Wendell P. Brown of counsel), for respondent.

VAUGHAN, J.

These appeals, seven in number, are from separate judgments of the Court of Claims dismissing on the merits, after a joint trial, the claims of all the claimants-appellants as well as the claims of two other persons involved, from which dismissals appeals have not been taken.

The claims arise out of a collision between two automobiles which occurred at the intersection of Model City Road and Route 104 (also known as Ridge Road and otherwise referred to in the locality as the Million Dollar Highway) in the town of Lewiston, Niagara County. Route 104 is a main highway of the New York State highway system running easterly and westerly across the State. Model City Road is a county highway which runs generally northerly and southerly and intersects Route 104 at right angles.

The day of the accident, July 14, 1952, was clear and sunny and the road surfaces were dry. Around six forty-five o'clock in the afternoon of that day Max Gurevitch was operating his Studebaker automobile in an easterly direction along Route 104. Riding with him were his wife Annie P. Gurevitch, their daughter Deanna Gurevitch and Leo Blum, his wife, Judy Blum and their daughter, Debbie Blum. As the Gurevitch car approached and entered the intersection, the Pontiac car driven

Page 719

by Hiram Smithart traveling south on Model City Road proceeded into the intersection without stopping, crossed the northerly strip of Route 104 and crashed into the left side of the Gurevitch car.

Located in the northwest quadrant of the intersection was a cornfield which it is claimed limited somewhat the vision of both operators as they approached the intersection.

As a result of the impact Max Gurevitch and his daughter were killed and Annie Gurevitch, his wife, and Leo Blum and his wife, Judy Blum, ...


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