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BARRETT v. STATE OF NEW YORK

139 Misc.2d 42 (1988)

Mary W. Barrett, as Administratrix of The Estate of Joseph L. Barrett, Deceased, Claimant, v. State of New York, Defendant. (Claim No. 75933.)

Court of Claims.

February 16, 1988

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Vincent P. Mitrano of counsel), for defendant. David Lee Foster for claimant.

DONALD J. CORBETT, JR., J

The State moves to dismiss the claim herein for lack of subject matter jurisdiction (CPLR 3211 [a] [2]).

This is a wrongful death action arising out of a boating accident which occurred on Seneca Lake on June 13, 1987. Claimant alleges that the decedent was driving his boat and that it struck the unlighted "Lighthouse Pier" on Seneca Lake. Claimant makes numerous allegations of negligent conduct by the State of New York...

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