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Roth v. State of New York

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 25, 1942
263 App. Div. 1062 (N.Y. App. Div. 1942)

Opinion

March 25, 1942.

Present — Crosby, P.J., Taylor, Dowling, Harris and McCurn, JJ.


Judgment affirmed, with costs. All concur, except Crosby, P.J., and Taylor, J., who dissent and vote for reversal and for dismissal of the claim on the grounds as a matter of law there was no negligence upon the part of the State; as matter of law decedent was guilty of contributory negligence; and, in any event, decedent was at most a bare licensee. (The judgment awards damages for the death of claimant's intestate resulting by reason of dangerous condition of swimming beach.)


Summaries of

Roth v. State of New York

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 25, 1942
263 App. Div. 1062 (N.Y. App. Div. 1942)
Case details for

Roth v. State of New York

Case Details

Full title:JOSEPH ROTH, as Administrator, etc., of JEAN ROTH, Deceased, Respondent…

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

Date published: Mar 25, 1942

Citations

263 App. Div. 1062 (N.Y. App. Div. 1942)

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