DUNCAN v. STATE OF NEW YORK


279 A.D. 970 (1952)

Catherine Duncan, Respondent, v. State of New York, Appellant. (Claim No. 29055.)

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

March 5, 1952.


Judgment reversed on the law and facts, without costs of this appeal to either party, and claim dismissed. Certain findings of fact and conclusions of law disapproved and reversed and new findings and conclusions made.

Memorandum:

The injuries complained of were occasioned when claimant, having safely descended the stairway, stepped upon a loose rock. We find no breach of duty upon the part of the State. In the situation presented by this record the State...

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