ROBERTS v. STATE


52 A.D.2d 1047 (1976)

Wayne Roberts et al., Appellants, v. State of New York, Respondent

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

May 21, 1976


Judgment unanimously affirmed, without costs.

Memorandum:

The evidence adduced at trial amply sustains the court's determination of claimant's trespasser status at the time of the accident with no breach of duty as to him by the State in the erection of a clearly visible cable barrier across the towpath roadway. The factual situation fails to qualify within any recognized exception to the duty owed a trespasser. As stated in Beauchamp v New York City Housing...

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