CHESTNUT v. STATE


282 A.D. 983 (1953)

Lee W. Chestnut, Appellant, v. State of New York, Respondent. (Claim No. 30861.) Anna L. Chestnut, by Lee W. Chestnut, Her Guardian ad Litem, Appellant, v. State of New York, Respondent. (Claim No. 30862.)

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

November 12, 1953.


The claims arise out of an injury suffered by the infant when she stumbled and fell in a yard adjacent to a temporary housing project maintained by the State. The yard was paved with concrete and was level throughout the area except that at one point a metal pipe about three inches in diameter protruded about one and one-half inches above the pavement. A witness testified that she saw the child, then two and one-half years of age fall in the vicinity of the pipe. The child...

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