Legal Opinion

Dara v. State

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

Decided November 15, 1973No. Claim No. 52138Published

1Opinion of the CourtReynolds, J.

This is an appeal from a judgment of the Court of Claims entered on a decision holding the State liable for the injuries sustained by the infant claimant.

On the morning of June 8, 1968 the infant claimant, then 6 years old, and two companions bicycled from their homes approximately four tenths of a mile to a drainage area, which included a catch basin and a discharge basin, within the right of way of the Long Island Expressway. Gaining entrance through an opening in a chain link fence placed around the site, the claimant and her companions walked their bicycles down to the discharge basin and…

2Cases cited8 opinions

  1. Runkel v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1953
  2. Kingsland v. Erie County Agricultural SocietyNew York Court of Appeals · 1949
  3. Carbone v. MacKchil Realty Corp.New York Court of Appeals · 1947
  4. Mayer v. Temple Properties Inc.New York Court of Appeals · 1954
  5. Garrow v. StateAppellate Division of the Supreme Court of the State of New York · 1944

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