COSGROVE v. STATE OF NEW YORK


277 A.D. 596 (1951)

John J. Cosgrove et al., Respondents, v. State of New York, Appellant. (Claim No. 29836.)

Appellate Division of the Supreme Court of the State of New York, Third Department.

January 10, 1951.


Attorney(s) appearing for the Case

Casimir F. Sojka for respondents.

Nathaniel L. Goldstein, Attorney-General (Wendell P. Brown, Solicitor-General, and Ronald E. Coleman of counsel), for appellant.

FOSTER, P. J., DEYO and COON, JJ., concur.


BERGAN, J.

When the State undertakes to act as a landlord it drops in that relationship its immunities and privileges, and conducts its real property operation with the usual risks. All this, of course, is with its sovereign consent.

The State managed and controlled the Floyd Bennett Field Emergency Housing Project in Brooklyn, containing a number of apartments. In one of the apartments the plumbing froze...

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