Legal Opinion

Byrd v. State

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

Decided July 18, 1994No. Claim No. 81704PublishedCited by 2 opinions

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

  1. Pope v. StateNew York Court of Claims · 1950
  2. Drew v. StateAppellate Division of the Supreme Court of the State of New York · 1989
  3. Barker v. Tennis 59th, Inc.Appellate Division of the Supreme Court of the State of New York · 1984
  4. Duelk v. StateNew York Court of Claims · 1957

3Cited by2 opinions

  1. Topor v. StateNew York Court of Claims · 1997
  2. Gill v. Town of North HempsteadAppellate Division of the Supreme Court of the State of New York · 2011

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