New York Court of Appeals

Andrew C. Preston, Appellant v. State of New York, Respondent

July 7, 198359 N.Y.2d 997

Summary

The New York Court of Appeals reversed the Appellate Division and reinstated the Court of Claims' interlocutory judgment finding the State liable for a child's injuries. The Court held that, as a landowner who invites the public to swim, the State owed a reasonable‑care duty to inspect for hazards or warn swimmers.