KEARSING v. STATE


89 A.D.2d 902 (1982)

Mae Kearsing et al., Appellants, v. State of New York, Respondent. (Claim No. 65076.)

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

August 23, 1982


Order reversed, without costs or disbursements, cross motion denied, and case remitted to the Court of Claims for further proceedings consistent herewith.

Claimant Mae Kearsing is employed as the manager of the Community Store at Letchworth Village Developmental Center, a facility owned and operated by the State of New York. On February 14, 1980, Ms. Kearsing, who had begun her vacation five days earlier, returned to the store to buy a pair of shorts for a planned...

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