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METZ v. STATE

510643.

86 A.D.3d 748 (2011)

927 N.Y.S.2d 201

2011 NY Slip Op 5916

RICHARD M. METZ, as Personal Representative of the Estate of MARY HELEN METZ, Deceased, et al., Respondents-Appellants, v. STATE OF NEW YORK, Appellant-Respondent. (And Six Other Related Claims.)

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

Decided July 14, 2011.

STEIN, J.

In 2005, the Ethan Allen, a tour boat and public vessel, capsized and sank on Lake George while carrying 47 passengers and one crew member. Tragically, 20 passengers died and numerous others suffered severe personal injuries as a result of the accident. The Ethan Allen had been inspected annually by inspectors appointed by the Commissioner of the New York State Office of Parks, Recreation and Historic Preservation (hereinafter OPRHP). A certificate of inspection...

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