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LE ROUX v. STATE OF NEW YORK

307 N.Y. 397 (1954)

George C. Le Roux, Appellant, v. State of New York, Respondent. (Claim No. 31007.) R. Bernadine Le Roux, Appellant, v. State of New York, Respondent. (Claim No. 31008.)

Court of Appeals of the State of New York.

Decided July 14, 1954

Attorney(s) appearing for the Case

Arthur W. Agan for appellants.

Nathaniel L. Goldstein, Attorney-General (Henry S. Manley and Wendell P. Brown of counsel), for respondent.

CONWAY, DESMOND, FULD and FROESSEL, JJ., concur with LEWIS, Ch. J.; DYE, J., dissents in opinion in which VAN VOORHIS, J., concurs.

LEWIS, Ch. J.

The claimant-appellant R. Bernadine Le Roux recovered a judgment in the Court of Claims for personal injuries sustained when she fell into an abandoned well located on property owned by the State of New York. Her husband was awarded damages in a separate derivative action for medical expenses and loss of services resulting from his wife's injuries.* The Appellate Division reversed...

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