Rosensweig v. State

• Decision Date: 25 June 1958
• Citation: 4 N.Y.2d 1044,177 N.Y.S.2d 701
• Parties: , 152 N.E.2d 661 Alexander ROSENSWEIG, as Administrator of the Goods, Chattels and Credits with were of George Flores, Deceased, Appellant, v. STATE of NEW YORK, Respondent.
• Court: New York Court of Appeals Court of Appeals

Page 701

177 N.Y.S.2d 701

4 N.Y.2d 1044, 152 N.E.2d 661

Alexander ROSENSWEIG, as Administrator of the Goods, Chattels and Credits with were of George Flores, Deceased, Appellant, v. STATE of NEW YORK, Respondent.

Court of Appeals of New York.

June 25, 1958.

Appeal from Supreme Court, Appellate Division, Third Department, 5 A.D.2d 293, 171 N.Y.S.2d 912.

The administrator of deceased prize fighter filed a claim against the State of New York for the death of the prize fighter, on ground that the State was negligent in 'permitting' or 'licensing' prize fighter to engage in a professional fight when the State knew, or should have known, that he was not in proor physical condition to do so.

The Court of Claims, Fred A. Young, J., 208 Misc. 1065, 146 N.Y.S.2d 589, awarded the administrator $80,000, and the State of New York appealed.

The Appellate Division, Coon, J., 5 A.D.2d 293, 171 N.Y.S.2d 912, reversed the judgment on the law and the facts, dismissed the claim, and held that the State of New York was not liable for the appellaged negligence of examining doctors in permitting prize fighter to engage in the prize fight, and that administrator failed to establish that the blow received by the prize fighter, irrespective of his previous condition, would not have produced the fatal result.

The administrator appealed to the Court of Appeals.

Appeal withdrawn.