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Mascaro v. State

346 N.E.2d 543, 38 N.Y.2d 870, 382 N.Y.S.2d 742, 1976 N.Y. LEXIS 2318
CourtNew York Court of Appeals
DecidedFebruary 10, 1976
DocketClaim 52834
StatusPublished
Cited by14 cases

This text of 346 N.E.2d 543 (Mascaro v. State) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mascaro v. State, 346 N.E.2d 543, 38 N.Y.2d 870, 382 N.Y.S.2d 742, 1976 N.Y. LEXIS 2318 (N.Y. 1976).

Opinion

Memorandum. There was insufficient proof in this case on which to posit a finding that there was a duty on the part of the State to maintain the curb in issue here. Accordingly, we affirm the order of the Appellate Division. Our disposition makes it unnecessary to decide between the Court of Claims’ and the Appellate Division’s findings of fact on the issues of negligence and notice.

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur.

Order affirmed, with costs, in a memorandum.

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Bluebook (online)
346 N.E.2d 543, 38 N.Y.2d 870, 382 N.Y.S.2d 742, 1976 N.Y. LEXIS 2318, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mascaro-v-state-ny-1976.