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SAARI v. STATE OF NEW YORK

282 A.D. 526 (1953)

Ray Saari, Respondent, v. State of New York, Appellant. (Claim No. 30871.) Robert McCoy, Respondent, v. State of New York, Appellant. (Claim No. 30882.) John G. Nicholson, Respondent, v. State of New York, Appellant. (Claim No. 30883.) John Smeaton, Respondent, v. State of New York, Appellant. (Claim No. 30884.)

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

November 12, 1953.

Attorney(s) appearing for the Case

Nathaniel L. Goldstein, Attorney-General (Henry Valent of counsel), for appellant.

Harold E. Simpson for Ray Saari, respondent.

Walter J. Mahoney for Robert McCoy and others, respondents.

FOSTER, P. J., BERGAN, COON, HALPERN and IMRIE, JJ., concur.

Per Curiam.

Each of the four claimants has had judgment against the State for damages by reason of personal injuries sustained as a result of being struck by a racing car during the International Grand Prix Auto Races at Watkins Glen, N. Y., on September 23, 1950. The State appeals from each judgment on the ground that there is no liability on the part of the State, and on the further ground that the damages are excessive...

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