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STEMMLER v. STATE

32 A.D.2d 861 (1969)

Adam J. Stemmler et al., Respondents-Appellants, v. State of New York, Appellant-Respondent. (Claim No. 45866.)

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

June 24, 1969

HERLIHY, J. P.

The claimant Helen Stemmler was skating on a roller skating rink on June 6, 1965 when she encountered a group of boys congregated near the railing of the rink and behaving in a boisterous manner. As she skated away from the rail to avoid the group, she was struck by one of the boys and fell, suffering injuries. The State contends that the record does not show that the boys had been congregated and acting in a boisterous manner for a sufficient...

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