¶1Judgment affirmed, with costs. All concur, except Crosby, P. J., and Taylor, J., who dissent *1063and 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.) Present — Crosby, P. J., Taylor, Dowling, Harris and MeCurn, JJ.
263 A.D. 1062
Roth v. State
Appellate Division of the Supreme Court of the State of New York
Decided March 25, 1942
Appellate Division of the Supreme Court of the State of New York · decided 1942-03-25
Decided 1942-03-25