Byrd v. State
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In a claim to recover damages for personal injuries, the claimant appeals from a judgment of the Court of Claims (Bell, J.), entered July 14, 1994, which, after a nonjury trial, dismissed the claim.
Ordered that the judgment is affirmed, with costs.
The claimant was injured when, while pursuing an errant volleyball, she slipped in a muddy area and her foot went into an erosion channel next to a paved path.
The State has a duty to maintain its premises in a reasonably safe condition (see, Duelk v State of New York, 6 Misc 2d 538; Pope v State of New York, 198 Misc 31, affd 277 App Div 1157). We…
2Cases cited4 opinions
- Pope v. StateNew York Court of Claims · 1950
- Drew v. StateAppellate Division of the Supreme Court of the State of New York · 1989
- Barker v. Tennis 59th, Inc.Appellate Division of the Supreme Court of the State of New York · 1984
- Duelk v. StateNew York Court of Claims · 1957
3Cited by2 opinions
- Topor v. StateNew York Court of Claims · 1997
- Gill v. Town of North HempsteadAppellate Division of the Supreme Court of the State of New York · 2011