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PRESTON v. STATE

59 N.Y.2d 997 (1983)

Andrew C. Preston, Appellant, v. State of New York, Respondent. (Claim No. 61910.)

Court of Appeals of the State of New York.

Decided July 7, 1983.

Attorney(s) appearing for the Case

David Henry Sculnick and Nicholas E. Tishler for appellant.

Robert Abrams, Attorney-General (Michael S. Buskus and Peter H. Schiff of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER and SIMONS concur.

MEMORANDUM.

The order of the Appellate Division should be reversed, without costs, and the interlocutory judgment of the Court of Claims reinstated.

Having waived its sovereign immunity, the State is subject to the same rules of liability as apply to private citizens (Court of Claims Act, § 8). As a landowner, the State "`must act as a reasonable man in maintaining his property in a reasonably safe condition...

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