Van Stry v. State

Titone, J. P.,

dissents and votes to reverse the interlocutory judgment and dismiss the claim, with the following memorandum: The State of New York appeals from an interlocutory judgment of the Court of Claims which found it 60% liable for damages sustained by the claimant when he fell in a locker room at the State University of New York at Farmingdale where he was a student. Because controlling precedents establish an absence of negligence as a matter of law, I dissent and vote to reverse and dismiss the claim.

*556The accident happened at about 1:15 p.m. on October 22,1979 while the claimant was…