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CLARK v. STATE OF NEW YORK

276 A.D. 10 (1949)

Matthew B. Clark, Jr., an Infant, by Matthew B. Clark, Sr., His Guardian ad Litem, Appellant, v. State of New York, Respondent. (Claim No. 28415.) Matthew B. Clark, Sr., Appellant, v. State of New York, Respondent. (Claim No. 28420.)

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 16, 1949.

Attorney(s) appearing for the Case

McPhillips, Fitzgerald & McCarthy, attorneys (C. E. Fitzgerald and Thomas J. McCarthy of counsel), for appellants.

Nathaniel L. Goldstein, Attorney-General (Wendell P. Brown, Solicitor-General, John R. Davison and Ronald E. Coleman of counsel), for the State of New York, respondent.

SANTRY and BERGAN, JJ., concur with DEYO, J.; BREWSTER, J., dissents, in a memorandum in which HEFFERNAN, J. P., concurs.

DEYO, J.

Claimant was one of a four-man team participating in a bobsled race conducted under the auspices and supervision of the Adirondack Bobsled Club on the bobsled run owned and maintained by the State of New York at Mount Van Hoevenberg, near Lake Placid. The State reserved complete control over the run and the lands on which it was located, charging an admission fee to spectators and barring private vehicles...

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