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HERMAN v. STATE OF NEW YORK

109 Misc.2d 455 (1981)

Glen Herman, Claimant, v. State of New York, Defendant. (Claim No. 62036.)

Court of Claims.

June 10, 1981

Attorney(s) appearing for the Case

Leight & Weinstein (Michael J. Grenthal of counsel), for claimant. Robert Abrams, Attorney-General (William T. McCue of counsel), for defendant.

GERARD M. WEISBERG, J.

On August 4, 1976, at approximately 12 noon, Glen Herman (claimant) and his friend Lawrence Weinmann entered the surf at Jones Beach West End 2 (WE2). They paused momentarily at the water's edge to wet their ankles; then Glen Herman ran into the water, a distance of 50 to 100 feet, to a point where the gradually deepening water had reached waist level — approximately four feet. Lurching forward, straight out towards the sea...

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