Hornstein v. State

Appeal by the claimants from a judgment in favor of the State entered on May 28, 1965, upon a decision of the Court of Claims (46 Misc 2d 486). Upon the present record there was a question of fact presented to the trial court as to the negligent construction of the golf course at Jones Beach State Park. The court chose the version most *1013favorable to the State and there is no basis for this court to set aside that finding. (Harrow v. State of New York, 21 A D 2d 571, affd. 17 N Y 2d 619.) We would further note that participants in and observers of sporting events are generally held to have…