MARSHALL v. STATE OF N. Y.


52 Misc.2d 232 (1966)

Alan Marshall, Claimant, v. State of New York, Defendant. (Claim No. 44173.)

Court of Claims.

December 6, 1966


Attorney(s) appearing for the Case

McDonough, Boasberg, McDonough & Beltz (Stephen E. Cavanaugh of counsel), for claimant. Louis J. Lefkowitz, Attorney-General (Edward A. Rath, Jr., of counsel), for defendant.


MARVIN R. DYE, J.

On or about May 16, 1964, a warm and sunny afternoon, while the claimant, in company with three companions, was walking along the gorge trail in Stony Brook State Park, he was struck on the head by an unidentified object (which reasonably may be assumed was a falling rock), lost consciousness and recalls no other details of the happening.

Allegedly, his injuries were severe, but no...

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