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BATTALLA v. STATE

11 A.D.2d 613 (1960)

Carmen Battalla, an Infant, by Her Guardian ad Litem, Carmen Battalla, Respondent, v. State of New York, Appellant. (Claim No. 35621.)

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

May 26, 1960

The Court of Claims has denied the State's motion to dismiss the claim as a matter of law; but we think the case is controlled by Mitchell v. Rochester Ry. Co. (151 N.Y. 107) and under the facts alleged, no actionable damage is shown. The basis of the claim is that infant claimant rode in a ski chairlift maintained by the State; that the attendants failed to secure and lock the safety belt on the chair; and that as a result...

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