1. Home
  2. Browse Decisions
  3. Misc.3d
  4. 41 Misc.3d
  5. 41 Misc.3d 725 (2012)
 

MARSTON v. STATE OF NEW YORK

Claim No. 119530.

41 Misc.3d 725 (2012)

972 N.Y.S.2d 405

2012 NY Slip Op 22409

JENNIFER MARSTON, Individually and as Administratrix of the Estate of JEFFREY HARBISON, Deceased, Claimant, v. STATE OF NEW YORK et al., Defendants.

Court of Claims.

Decided November 7, 2012.

Attorney(s) appearing for the Case

O'Connor, O'Connor, Bresee & First, P.C. ( Dianne C. Bresee of counsel), for defendants. Bartlett, Pontiff, Stewart, Rhodes, P.C. ( Benjamin R. Pratt, Jr. , of counsel), for claimant.

OPINION OF THE COURT

FRANK P. MILANO, J.

Defendants (hereafter defendant) move pursuant to CPLR 3212 and Canal Law § 120 for summary judgment dismissing the claim based upon its asserted immunity from liability regarding claimant's wrongful death cause of action arising from an incident in which claimant's decedent was swept over a dam while allegedly navigating a small motorboat in an area within the...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases