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HERMAN v. STATE OF NEW YORK

94 A.D.2d 161 (1983)

Glen Herman, Respondent-Appellant, v. State of New York, Appellant-Respondent. (Claim No. 62036.)

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

June 13, 1983

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Peter J. Dooley and Jeremiah Jochnowitz of counsel), for appellant-respondent.

Leight, Weinstein & Gershuny (Michael J. Grenthal of counsel; Michael J. Krakower on the brief), for respondent-appellant.

MANGANO, GIBBONS and WEINSTEIN, JJ., concur.

TITONE, J. P.

The question before this court is whether, under the circumstances, the State of New York had the legal duty to post signs warning bathers of the presence of sandbars at Jones Beach in Long Island.

On August 4, 1976, the claimant, Glen Herman, proceeded to the West End 2 section of Jones Beach with three friends. Earlier that summer he had frequented that area of the beach approximately...

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