MALVASO v. STATE OF NEW YORK


15 Misc.2d 585 (1959)

Rocco D. Malvaso, as Administrator of The Estate of Anthony Malvaso, Deceased, Claimant, v. State of New York, Defendant. (Claim No. 33539.)

Court of Claims.

January 26, 1959.


Attorney(s) appearing for the Case

Kompf & Dougherty (Robert Dougherty of counsel), for claimant.

Louis J. Lefkowitz, Attorney-General (Stanley V. Scott of counsel), for defendant.


CHARLES T. MAJOR, J.

This is a claim to recover damages for the wrongful death of Anthony Malvaso, an infant 11 years of age, who fell from a cliff in Fillmore Glen State Park on May 22, 1954. Limited letters of administration were issued to claimant by the Surrogate of Cayuga County on August 5, 1954. The claim was timely and properly filed, and has not been assigned.

Claimant's intestate was in the park as a member of a group of Cayuga County...

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