HERMAN v. STATE


63 N.Y.2d 822 (1984)

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

Court of Appeals of the State of New York.

Decided October 9, 1984.


Attorney(s) appearing for the Case

Michael J. Grenthal and Michael J. Krakower for appellant.

Robert Abrams, Attorney-General (Peter J. Dooley and Peter H. Schiff of counsel), for respondent.

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


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

On August 4, 1976, plaintiff and three friends went swimming at the West End No. 2 section of Jones Beach, which plaintiff had frequented at least six times earlier that summer, and often before that. Plaintiff proceeded into the deepening water until it was waist-high, and executed a surface dive. His head struck a sand bar not visible...

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