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ROSENSWEIG v. STATE OF NEW YORK

5 A.D.2d 293 (1958)

Alexander Rosensweig, as Administrator of The Estate of George Flores, Deceased, Respondent, v. State of New York, Appellant. (Claim No. 31049.)

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

March 27, 1958.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Paxton Blair and Peter E. Herzog of counsel), for appellant.

Jacob D. Fuchsberg, Abraham Fuchsberg and B. Hoffman Miller for respondent.

FOSTER, P. J., BERGAN and GIBSON, JJ., concur.

COON, J.

Claimant has been awarded $80,000 for the alleged wrongful death of a professional prize fighter. The negligence of the State is said to be "permitting" or "licensing" decedent to engage in a professional fight when the State knew, or should have known, that he was not in proper physical condition to do so.

On August 29, 1951, decedent was "knocked out" in the eighth round of a professional fight...

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