Appellate Division of the Supreme Court of New York, 1941

Mackney v. State

Mackney v. State
Appellate Division of the Supreme Court of New York · Decided October 1, 1941
262 A.D. 1063; 30 N.Y.S.2d 704; 1941 N.Y. App. Div. LEXIS 7217
Mackney v. State

Opinion of the Court

Judgment affirmed, without costs of this appeal to any party. All concur, except Dowling, J., who dissents and votes for reversal and for granting a judgment for claimants in the amount of the damages as fixed by the findings of the Court of Claims. (See Feinman v. Rubenstein, 264 N. Y. 662.) (The judgment dismisses a claim for damages for negligence in maintenance of a fence along a footpath in Beaver Island State Park on Grand Island.) Present — Crosby, P. J., Cunningham, Dowling, Harris and McCurn, JJ.

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