PARSONS v. STATE


31 A.D.2d 596 (1968)

Howard Parsons, Appellant, v. State of New York, Respondent. (Claim No. 45043.)

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

November 26, 1968


HERLIHY, J.

The claimant proved that he was a business invitee on the defendant's ship; that the State had complete and exclusive control of the ship and a gangplank leading from the dock area to the ship; that as claimant was leaving the ship via the gangplank a slat thereon broke and his right leg fell through causing him injuries. After proving these facts the claimant rested and the State moved to dismiss the claim on the ground of failure to prove...

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