Curtis v. State — 27 A.D.2d 958

Majority

p. 958

Hary K. Curtis, as Administratrix of the Estate of William D. Curtis, Deceased, Respondent-Appellant, v. State of New York, Appellant-Respondent.

(Claim No. 43010.)

—Hotion to resettle order entered on January 13, 1967, granted to the extent that the following finding of fact made by the trial court is reversed: “ The failure to so fasten the I-beam created an unsafe condition which condition the State knew or should have known”; and in all other respects denied, without costs. [See 27 A D 2d 628 .] Gibson, P. J., Herlihy, Reynolds and Staley, Jr., JJ., concur.

Cases cited

Curtis v. State 27 A D 2d 628 N.Y. App. Div. 1966-12-30 p. 958