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PROWSE v. STATE

70 A.D.2d 748 (1979)

James Prowse, Individually and as Parent and Natural Guardian of John Prowse, an Infant, Respondent, v. State of New York, Appellant. (Claim No. 59660.)

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

May 31, 1979

In a bifurcated trial, the Court of Claims has found that the State of New York was responsible for the maintenance and repair of a certain wooden bridge and had constructive notice of a defective plank which caused personal injuries to the infant claimant. The State in 1926 acquired a permanent surface easement for park or parkway purposes from the City of New York by a grant which reserved title to all structures in the city, but provided that the State "shall be responsible...

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