Legal Opinion

Mettendorf v. State

New York Court of Claims

Decided November 13, 1962No. Claim No. 37801Published

1Opinion of the CourtJohn H. Cooke, J.

At about 3:30 a.m. on the morning of September 27, 1959, weather clear and dry and traffic light, while traveling south on Route 219 in the vicinity of Forth Boston, Erie County, a State-maintained two-lane highway, claimant was stopped by a State trooper for speeding.

Claimant stated an unmarked police car, siren on, went ahead of him; he followed it, slowed down to five miles per hour, did not signal or pull off the paved portion of the highway, when he was struck in the rear by a second unmarked police car following him, causing the personal injuries and property damage for which he seeks…

2Cases cited3 opinions

  1. Mills v. GabrielNew York Court of Appeals · 1940
  2. Mills v. GabrielAppellate Division of the Supreme Court of the State of New York · 1940
  3. Greenstein v. KahanNew York Court of Appeals · 1948

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