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DRAKE v. STATE OF NEW YORK

97 Misc.2d 1015 (1979)

Steven Drake, Claimant, v. State of New York, Defendant. (Claim No. 59033.) Roger J. Madigan, Individually and as Father of Aprile Madigan, an Infant, Claimant, v. State of New York, Defendant. (Claim No. 59035.) Michael Drake, Claimant, v. State of New York, Defendant. (Claim No. 59058.)

Court of Claims.

May 18, 1979

Attorney(s) appearing for the Case

Drake & Drake (Charles A. Drake of counsel), for Steven Drake and another, claimants. Bonney & Nicit (John J. Nicit and Theodore C. Bonney of counsel), for Roger Madigan, claimant. Robert Abrams, Attorney-General (James B. Tuttle of counsel), for defendant.

THOMAS J. LOWERY, JR., J.

On October 28, 1974, the claimants were injured when their vehicles were fired upon by Indians from an adjacent campsite owned by the State of New York at Moss Lake, Herkimer County. These timely filed claims are predicated on the State's negligence in failing to take adequate measures to abate the known dangerous condition.

FACTUAL BACKGROUND

The State acquired the...

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