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ROSENSWEIG v. STATE OF NEW YORK

5 N.Y.2d 404 (1959)

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

Court of Appeals of the State of New York.

Decided April 9, 1959.

Attorney(s) appearing for the Case

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

Louis J. Lefkowitz, Attorney-General (Paxton Blair of counsel), for respondent.

Judges DESMOND, FROESSEL and VAN VOORHIS concur with Judge FULD; Judge DYE dissents in an opinion in which Chief Judge CONWAY and Judge BURKE concur.

FULD, J.

Knocked out by Roger Donoghue in the eighth round of a bout held in Madison Square Garden on August 29, 1951, following two very hard blows to the head, George Flores died several days later of cerebral hemorrhage and cerebral edema. This suit for wrongful death followed, it being alleged by his administrator that the State of New York was negligent in licensing and permitting Flores to fight when it...

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