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Rafalowitz v. State

Appellate Division of the Supreme Court of New York, Third Department
Jul 7, 1966
26 A.D.2d 722 (N.Y. App. Div. 1966)

Opinion

July 7, 1966


Appeal by claimant from a decision of the Court of Claims dismissing his claim for personal injuries. In our view the evidence was not entirely satisfactory and the case should be retried; and the questions of proximate cause, the State's liability, notice of the alleged unsafe condition of the highway, and the alleged contributory negligence of the claimant be reassessed and redetermined. Judgment reversed, on the law and the facts and in the interests of justice, and a new trial ordered; without costs. Gibson, P.J., Reynolds, Taylor and Staley, Jr., JJ., concur.


Summaries of

Rafalowitz v. State

Appellate Division of the Supreme Court of New York, Third Department
Jul 7, 1966
26 A.D.2d 722 (N.Y. App. Div. 1966)
Case details for

Rafalowitz v. State

Case Details

Full title:PHINEAS H. RAFALOWITZ, Appellant, v. STATE OF NEW YORK, Respondent. (Claim…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Jul 7, 1966

Citations

26 A.D.2d 722 (N.Y. App. Div. 1966)