Majority
p. 1063Gerald Mackney, an Infant, by Glenn T. Mackney, His Guardian ad Litem, and Glenn T. Mackney, Individually, Appellants, v. State of New York, Respondent. (Claim No. 25530.)
Judgment affirmed, without costs of this appeal to any party. All concur, except Dowling, J., who dissents and votes for reversal and for granting a judgment for claimants in the amount of the damages as fixed by the findings of the Court of Claims. (See Feinman v. Rubenstein, 264 N. Y. 662 .) (The judgment dismisses a claim for damages for negligence in maintenance of a fence along a footpath in Beaver Island State Park on Grand Island.) Present — Crosby, P. J., Cunningham, Dowling, Harris and McCurn, JJ.
Cases cited
- Feinman v. Rubenstein 264 N. Y. 662 p. 1063