NAGAWIECKI v. STATE


150 A.D.2d 147 (1989)

Margaret Nagawiecki et al., Respondents, v. State of New York, Appellant

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

October 12, 1989


Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Michael S. Buskus and Peter J. Dooley of counsel), for appellant.

Kahn & Gordon, P. C. (Harold Gordon and Bernard Abel of counsel), for respondents.

MIKOLL, YESAWICH, JR., LEVINE and MERCURE, JJ., concur.


KANE, J. P.

Claimant Margaret Nagawiecki (hereinafter claimant) sustained injuries to her back as a result of a fall while skiing at the State-owned Belleayre Mountain Ski Center on December 30, 1983, at about 3:40 P.M. At the time of the accident, she was 20 years of age and an expert skier. In company with her husband, claimant had been skiing at Belleayre for three days prior to the accident and was familiar...

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