SMITH v. STATE


41 N.Y.2d 1063 (1977)

Virginia A. Smith, Appellant, v. State of New York, Respondent. (Claim No. 58744.)

Court of Appeals of the State of New York.

Decided May 3, 1977.


Attorney(s) appearing for the Case

Bernard Meyerson and Philip Brown for appellant.

Louis J. Lefkowitz, Attorney-General (Vincent Geraci of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.


MEMORANDUM.

The order of the Appellate Division should be affirmed, without costs.

On August 17, 1973 claimant, Virginia Ana Smith, and Robert Charles Kruseck, Sr., the decedent, were picnicking with her daughter and their son on land recently acquired by the State by condemnation. The decedent was accidentally drowned when he went to the rescue of claimant's infant daughter who had wandered into a pond on the State...

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