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FLORIN v. STATE

137 A.D.2d 581 (1988)

Nancy Florin, Appellant, v. State of New York, Respondent. (Claim No. 72478.)

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

February 8, 1988

Ordered that the judgment is affirmed, with costs.

Based upon our review of the record we find that the claimant's unauthorized use of a lifeguard stand to execute a backflip was an unforeseeable event which relieves the defendant of liability (see, Boltax v Joy Day Camp, 67 N.Y.2d 617). In addition we note that the determination of the Court of Claims that the lifeguard...

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