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Floss v. State of New York

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 1, 1933
240 App. Div. 944 (N.Y. App. Div. 1933)

Opinion

November, 1933.


Judgment affirmed, with costs. The finding that the employees of the State were negligent under section 12-a CTC of the Court of Claims Act, in failing to give appropriate warning of a dangerous situation in the highway, had adequate support in the evidence. All concur, except Crosby, J., who dissents and votes for reversal on the law and facts and for dismissal of the complaint on the ground that the claim arises under section 176 High. of the Highway Law and that the State is not liable for an accident (occurring November 22, 1931) from a defect in the highway and also on the further ground that no act of negligence on the part of the defendant is shown.


Summaries of

Floss v. State of New York

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 1, 1933
240 App. Div. 944 (N.Y. App. Div. 1933)
Case details for

Floss v. State of New York

Case Details

Full title:DOROTHEA FLOSS, an Infant, by GEORGE J. FLOSS, Her Guardian ad Litem…

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

Date published: Nov 1, 1933

Citations

240 App. Div. 944 (N.Y. App. Div. 1933)

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