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Roth v. State

263 A.D. 1062 Court N.Y. App. Div. Decision date 1942-03-25 Docket Claim No. 25302 English

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p. 1062
Joseph Roth, as Administrator, etc., of Jean Roth, Deceased, Respondent, v. The State of New York, Appellant.
(Claim No. 25302.)

Judgment affirmed, with costs. All concur, except Crosby, P. J., and Taylor, J., who dissent

p. 1063
and vote for reversal and for dismissal of the claim on the grounds as a matter of law there was no negligence upon the part of the State; as matter of law decedent was guilty of contributory negligence; and, in any event, decedent was at most a bare licensee. (The judgment awards damages for the death of claimant’s intestate resulting by reason of dangerous condition of swimming beach.) Present — Crosby, P. J., Taylor, Dowling, Harris and MeCurn, JJ.