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BURKART v. STATE OF NEW YORK

50 Misc.2d 912 (1966)

Robert Burkart, an Infant, by Charles W. Burkart, His Guardian ad Litem, Claimant, v. State of New York, Defendant. (Claim No. 42034.) Charles W. Burkart, Claimant, v. State of New York, Defendant. (Claim No. 42035.) Josephine Payette, Claimant, v. State of New York, Defendant. (Claim No. 42036.) Victor Payette, an Infant, by Josephine Payette, His Guardian ad Litem, Claimant, v. State of New York, Defendant. (Claim No. 42037.)

Court of Claims.

July 14, 1966

Attorney(s) appearing for the Case

Bernard Cohen and Nathan Medwin for claimants. Louis J. Lefkowitz, Attorney-General (Mordecai Bressler and John Meader of counsel), for defendant.

ALEXANDER DEL GIORNO, J.

This is an action for personal injuries sustained by the claimants, Robert Burkart and Victor Payette, in Thacher State Park, a State facility, and for medical expenses and loss of services by their respective parents.

On June 9, 1962, Victor Payette was 16 years of age, and Robert Burkart was 15 years of age. On that day, they and other boys were treated by their priest to a...

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