Parry v. State

The facts, which are substantially not in dispute, are set forth in detail in the accompanying decisions and need not be repeated here.

There is no evidence that the State invited the public on its premises. At best, claimants were bare licensees, to whom the State owed only the duty of refraining from aErmative acts of negligence and from intentionally or wantonly injuring them. They took the premises as they found them. (Fox v. Warner-Quinlan Asphalt Co., 204 N. Y. 240. See, also, Donahue v. State of New York, 112 N. Y. 142; Panunzio v. State of New York, 28 N. Y. S. 2d 927, affd. 266 App.…