SCHANBERG v. STATE


30 A.D.2d 712 (1968)

Sydney Schanberg, Respondent, v. State of New York, Appellant. (Claim No. 44000.)

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

June 14, 1968


HERLIHY, J.

The closely contested factual issues on the trial were the question of a negligent condition existing in a porcelain water faucet handle and the manner in which this handle was utilized by the claimant. The resolution of the issue as to the amount of force which the claimant exerted on the handle is relative both to the question of whether or not a negligent condition existed and to the question of freedom from contributory negligence. The...

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