Legal Opinion
Herman v. State
New York Court of Appeals
Decided October 9, 1984No. Claim 62036PublishedCited by 34 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
On August 4, 1976, plaintiff and three friends went swimming at the West End No. 2 section of Jones Beach, which plaintiff had frequented at least six times earlier that summer, and often before that. Plaintiff proceeded into the deepening water until it was waist-high, and executed a surface dive. His head struck a sand bar not visible to him from the surface, and he sustained serious permanent injuries. Allocating 50% of the responsibility to plaintiff’s own culpable conduct, the Court of…
2Cases cited1 opinion
- Preston v. StateNew York Court of Appeals · 1983
3Cited by34 opinions
- Heard v. City of New YorkNew York Court of Appeals · 1993
- Darby v. Compagnie National Air FranceNew York Court of Appeals · 2001
- Cimino v. Town of HempsteadAppellate Division of the Supreme Court of the State of New York · 1985
- Brown v. Marathon Realty, Inc.Appellate Division of the Supreme Court of the State of New York · 1991
- Nussbaum v. Metro-North Commuter RailroadDistrict Court, S.D. New York · 2014
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