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ALBERT v. STATE

51 A.D.2d 611 (1976)

George J. Albert, Individually and as Parent and Natural Guardian of Kelly A. Albert, an Infant, et al., Appellants, v. State of New York et al., Respondents. (Claim No. 54794.)

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

January 15, 1976

Claimants seek damages for injuries allegedly sustained on August 15, 1970 when gondola cars in which they were passengers at the Gore Mountain Ski Area fell from their support cables. Claimants, relying on the doctrine of res ipsa loquitor, established little more than that they had purchased tickets for the ride and that the cars in which they were passengers fell on the way down. The Court of Claims held the doctrine applicable but found the State had rebutted any...

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