FITZSIMMONS v. STATE OF NEW YORK AT STONYBROOK


42 A.D.2d 636 (1973)

Robert Fitzsimmons, Jr., an Infant, by Robert Fitzsimmons, Sr., His Parent, et al., Respondents, v. State of New York at Stonybrook et al., Appellants. (Claim No. 52207.)

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

June 25, 1973


This is a personal injury claim brought on behalf of an infant claimant and a derivative claim brought by his father. The accident in question occurred on the campus of the State University of New York at Stonybrook on December 21, 1969 at about 7:15 P.M. The infant claimant, aged 17, his older brother and two other young men went to the campus to play basketball in the gymnasium. None were students at the University. After parking their car in a prescribed parking lot, the...

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