SCHIFF v. STATE


31 A.D.3d 526 (2006)

818 N.Y.S.2d 597

DAVID SCHIFF et al., Respondents, v. STATE OF NEW YORK, Appellant.

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

July 11, 2006.


Ordered that the order is reversed, on the law, with costs, and the motion is denied.

On July 20, 2002 the claimant David Schiff (hereinafter the injured claimant) was injured while canoeing on the Peconic River in Suffolk County. The accident occurred when the injured claimant disembarked from his canoe a short distance from the shore, and impaled his leg on a rusty metal rod submerged in about three feet of water. The...

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