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JOHNSTON v. STATE

127 A.D.2d 980 (1987)

Richard Johnston, Individually and as Administrator of The Estate of Dennis Johnston, Deceased, Respondent, v. State of New York, Appellant. (Claim No. 65693.)

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

February 27, 1987

Judgments unanimously modified on the law and as modified affirmed without costs, in accordance with the following memorandum:

Decedent and three college friends were walking along the beach in the Devil's Nose area of Hamlin Beach State Park, an area prohibited to patrons, when a landslide occurred without warning. Decedent was completely buried and his faint cries for help were heard by his friends for 10 to 20 minutes. He was uncovered after 20 minutes, and efforts...

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