Legal Opinion
Masone v. State
New York Court of Claims
Decided November 26, 1990No. Claim No. 78467PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Frank S. Rossetti, J.
This claim arises from a "dirt bike” accident in Bethpage State Park, Bethpage, Nassau County. Mr. Masone was injured when he fell over his bike in the course of traversing a small pile of sand at the end of a short, unpaved dirt trail. Claimants contend the State negligently created a dangerous condition by putting and leaving the sand there.
On January 27, 1989, between 3:00 and 4:00 p.m. on a clear winter afternoon, claimant and a fellow dirt biker were riding dirt or mountain bicycles on a paved bicycle path in Bethpage State Park. Said bikes are…
2Cases cited25 opinions
- Palsgraf v. Long Island R.R. Co.New York Court of Appeals · 1928
- Basso v. MillerNew York Court of Appeals · 1976
- Turcotte v. FellNew York Court of Appeals · 1986
- Benitez v. New York City Board of EducationNew York Court of Appeals · 1989
- Akins v. Glens Falls City School DistrictNew York Court of Appeals · 1981
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3Cited by1 opinion
- Sharon Taylor, as Mother and Natural Guardian of Justin Taylor, and Sharon Taylor, Individually v. United StatesCourt of Appeals for the Second Circuit · 1997