Legal Opinion

Claim of Boettcher v. State

Appellate Division of the Supreme Court of the State of New York

Decided December 17, 1998No. Claim No. 89622PublishedCited by 2 opinions

1Opinion of the CourtGraffeo, J.

Appeal from a judgment of the Court of Claims (King, J.), entered August 22, 1997, upon a decision of the court in favor of the State.

Claimant injured his left ankle after falling on a walkway located on the campus of the State University at Albany in the City of Albany. He subsequently filed a claim against the State, alleging that it had been negligent in its failure to maintain the walkway in a safe condition. The claim was dismissed following trial, giving rise to this appeal.

Like all landowners, the State owes a duty to individuals who enter upon its property to maintain the property in…

2Cases cited3 opinions

  1. Basso v. MillerNew York Court of Appeals · 1976
  2. Killeen v. StateNew York Court of Appeals · 1985
  3. Condon v. StateAppellate Division of the Supreme Court of the State of New York · 1993

3Cited by2 opinions

  1. Smith v. StateAppellate Division of the Supreme Court of the State of New York · 1999
  2. Clairmont v. StateAppellate Division of the Supreme Court of the State of New York · 2000

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