HARRAN v. STATE OF NEW YORK


9 A.D.2d 31 (1959)

Charles S. Harran, Appellant, v. State of New York, Respondent. (Claim No. 33373.)

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

August 13, 1959.


Attorney(s) appearing for the Case

Chester J. Winslow, Jr., for appellant.

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

BERGAN, J. P., COON and GIBSON, JJ., concur; REYNOLDS, J., dissents, and votes to affirm the judgment of the Court of Claims in all respects.


HERLIHY, J.

The accident happened on July 10, 1955. The claimant, about 65 years of age, with his grandchildren and accompanied by a friend and his children paid the regular admission fee and entered the park. They selected a place for a picnic some distance from the lake shore and approximately 20 or 25 feet from the embankment. After the picnic, the children elected to go swimming. Claimant and his friend remained...

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