Legal Opinion

Drake v. State

New York Court of Claims

Decided May 18, 1979No. Claim No. 59033; Claim No. 59035; Claim No. 59058PublishedCited by 16 opinions

1Opinion of the Court

OPINION OF THE COURT

Thomas J. Lowery, Jr., J.

On October 28, 1974, the claimants were injured when their vehicles were fired upon by Indians from an adjacent campsite owned by the State of New York at Moss Lake, Herkimer County. These timely filed claims are predicated on the State’s negligence in failing to take adequate measures to abate the known dangerous condition.

FACTUAL BACKGROUND

The State acquired the Moss Lake campsite in 1973 as part of the Adirondack Forest Preserve. The land was improved with several buildings which were formerly used as part of a Girl Scout summer camp. Numerous…

2Cases cited41 opinions

  1. H. R. Moch Co. v. Rensselaer Water Co.New York Court of Appeals · 1928
  2. Weiss v. FoteNew York Court of Appeals · 1960
  3. Schuster v. City of New YorkNew York Court of Appeals · 1958
  4. Riss v. City of New YorkNew York Court of Appeals · 1968
  5. Caldwell v. Village of Island ParkNew York Court of Appeals · 1952

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3Cited by16 opinions

  1. Hutchins v. 1001 Fourth Avenue AssociatesWashington Supreme Court · 1991
  2. Engblom v. CareyCourt of Appeals for the Second Circuit · 1982
  3. Poysa v. StateNew York Court of Claims · 1979
  4. Santangelo v. StateNew York Court of Claims · 1980
  5. Altona Citizens Committee, Inc. v. Town of AltonaAppellate Division of the Supreme Court of the State of New York · 1980

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