Legal Opinion
Johnston v. State
Appellate Division of the Supreme Court of the State of New York
Decided February 27, 1987No. Claim No. 65693PublishedCited by 12 opinions
1Opinion of the Court
Judgments unanimously modified on the law and as modified affirmed without costs, in accordance with the following memorandum: Decedent and three college friends were walking along the beach in the Devil’s Nose area of Hamlin Beach State Park, an area prohibited to patrons, when a landslide occurred without warning. Decedent was completely buried and his faint cries for help were heard by his friends for 10 to 20 minutes. He was uncovered after 20 minutes, and efforts to revive him failed. Decedent’s father filed a claim against the State alleging that the State was negligent in failing to…
2Cases cited5 opinions
- Basso v. MillerNew York Court of Appeals · 1976
- Weigand v. . United Traction Co.New York Court of Appeals · 1917
- Mesick v. StateAppellate Division of the Supreme Court of the State of New York · 1986
- Preston v. StateNew York Court of Appeals · 1983
- Juiditta v. Bethlehem Steel Corp.Appellate Division of the Supreme Court of the State of New York · 1980
3Cited by12 opinions
- Tarricone v. StateAppellate Division of the Supreme Court of the State of New York · 1991
- Walter v. StateAppellate Division of the Supreme Court of the State of New York · 1992
- Cohen v. StateAppellate Division of the Supreme Court of the State of New York · 2008
- Arsenault v. StateAppellate Division of the Supreme Court of the State of New York · 2012
- Strehle v. United StatesDistrict Court, S.D. New York · 1994
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