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McQUILLAN v. STATE OF NEW YORK

534775.

218 A.D.3d 864 (2023)

192 N.Y.S.3d 742

2023 NY Slip Op 03734

Brenda McQuillan et al., Respondents-Appellants, v. State of New York, Appellant-Respondent.

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

Decided July 6, 2023.

Attorney(s) appearing for the Case

Letitia James , Attorney General, Albany ( Douglas E. Wagner of counsel), for appellant-respondent.

Lipsitz Green Scime Cambria LLP, Buffalo ( John A. Collins of counsel), for respondents-appellants.

Garry, P.J., Lynch, Clark and Aarons, JJ., concur.

Cross-appeals (1) from a decision of the Court of Claims (Diane L. Fitzpatrick, J.), entered December 20, 2021, in favor of claimant, and (2) from the judgment entered thereon.

On July 16, 2016, claimant fractured her fifth toe when, upon entering a natural swimming pool at Robert Treman State Park in Tompkins County, she struck...

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