Duncan v. State

Appellate Division of the Supreme Court of New York

Duncan v. State

279 A.D. 970, 111 N.Y.S.2d 590

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

DecidedMarch 5, 1952

DocketClaim No. 29055

StatusPublished

Cited by1 cases

This text of 279 A.D. 970 (Duncan v. State) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Duncan v. State, 279 A.D. 970, 111 N.Y.S.2d 590 (N.Y. Ct. App. 1952).

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Opinion

Memorandum: The injuries complained of were occasioned when claimant, having safely descended the stairway, stepped upon a loose rock. We find no breach of duty upon the part of the State. In the situation presented by this record the State was not obligated to provide handrails or lighting. The risk, if any, was apparent. The claimant was aware of the nature of the terrain. (See Pope v. State of New York, 198 Misc. 31, 37, affd. 277 App. Div. 1157.) All concur. (Appeal from a judgment for claimant on a claim against the State for negligent condition of State park.) Present — Taylor, P. J., McCurn, Yaughan, Piper and Wheeler, JJ.

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Memorandum: The injuries complained of were occasioned when claimant, having safely descended the stairway, stepped upon a loose rock. We find no breach of duty upon the part of the State. In the situation presented by this record the State was not obligated to provide handrails or lighting. The risk, if any, was apparent. The claimant was aware of the nature of the terrain. (See Pope v. State of New York, 198 Misc. 31, 37, affd. 277 App. Div. 1157.) All concur. (Appeal from a judgment for claimant on a claim against the State for negligent condition of State park.) Present — Taylor, P. J., McCurn, Yaughan, Piper and Wheeler, JJ.

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279 A.D. 970, 111 N.Y.S.2d 590, Counsel Stack Legal Research, https://law.counselstack.com/opinion/duncan-v-state-nyappdiv-1952.

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