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BURKART v. STATE

28 A.D.2d 1167 (1967)

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

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

November 17, 1967

GABRIELLI, J.

The infant claimants, 15 and 16 years of age respectively, attended a church school picnic in the park with a group of boys and after playing some organized games decided to walk through the woods using a well-defined path which was some three feet wide. About 350 feet along this path, the ground gave way, tumbling them down towards the top of and over a cliff and they fell some 60 feet landing at the bottom of one of the cliffs, causing...

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