KELLY v. STATE


24 A.D.2d 831 (1965)

Gerald A. Kelly, Appellant, v. State of New York, Respondent. (Claim No. 37782.)

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

October 21, 1965


Judgment unanimously reversed on the law and facts, judgment directed in favor of claimant and case remitted to Court of Claims to assess damages and to enter judgment accordingly.

Memorandum:

This claim has been dismissed upon a finding that claimant was contributorily negligent. The sparse factual findings of the trial court make it difficult to determine the precise grounds of this conclusion. It appears, however, that it was based upon a finding that regardless...

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