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Fairbairn v. State

66 N.Y.2d 620 Court N.Y. Decision date 1985-10-08 Docket Claim No. 65848 English

Contents

Majority

p. 620
Herman Fairbairn et al., as Parents and Natural Guardians of Alan Fairbairn, an Infant, Appellants, v State of New York, Respondent.
(Claim No. 65848.)
Argued September 5, 1985;
decided October 8, 1985
p. 622
APPEARANCES OF COUNSEL
Ellen Leary Coccoma for appellants.
Robert Abrams, Attorney-General (Michael S. Buskus, Robert Hermann and Peter H. Schiff of counsel), for respondent.

OPINION OF THE COURT

Order affirmed, with costs. The finding of the Appellate Division, that no joint enterprise existed, more closely comports with the weight of the evidence than does the contrary finding of the Court of Claims.

Concur: Chief Judge Wachtler and Judges Jasen, Meyer, Simons, Kaye, Alexander and Titone.