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GLADSTONE v. STATE

18 N.Y.2d 987 (1966)

Joseph Gladstone, Appellant, v. State of New York, Respondent. (Claim No. 37405.)

Court of Appeals of the State of New York.

Decided December 30, 1966.

Attorney(s) appearing for the Case

Adolph I. King for appellant.

Louis J. Lefkowitz, Attorney-General (Ruth V. Iles and Ruth Kessler Toch of counsel), for respondent.

Concur: Chief Judge DESMOND and Judges FULD, VAN VOORHIS, BURKE, SCILEPPI and BERGAN. Dissent: Judge KEATING.

Order affirmed, without costs.

Judge KEATING dissents and votes to reverse in the following memorandum: While I agree that there was no negligence proved as to the condition of the high-way, the rotted and decayed condition of the guardrails, initially erected between 1913 and 1916, which it was the duty of the State to maintain, justified the award to claimant by the Court of Claims Judge. The happening of...

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