Zarillo v. State

• Decision Date: 08 July 1959
• Docket Number: No. 33339,33339
• Citation: 6 N.Y.2d 990,191 N.Y.S.2d 968
• Parties: , 161 N.E.2d 749 George ZARILLO, Individually, and as Guardian ad Litem for Margaret Zarillo, an Infant, Appellants, v. STATE of New York, Respondent. (Claim)
• Court: New York Court of Appeals Court of Appeals

Page 968

191 N.Y.S.2d 968

6 N.Y.2d 990, 161 N.E.2d 749

George ZARILLO, Individually, and as Guardian ad Litem for Margaret Zarillo, an Infant, Appellants, v. STATE of New York, Respondent.

(Claim No. 33339)

Court of Appeals of New York.

July 8, 1959.

Appeal from the Supreme Court, Appellate Division, Third Department, 8 A.D.2d 651, 185 N.Y.S.2d 101.

Father, individually and as guardian ad litem for his infant daughter, filed a claim against the State of New York on behalf of daughter for injuries and a claim for himself for medical expenses and loss of services of daughter.

The daughter, when four years old, while walking in Valley Stream State Park with other children, and when about 45 feet ahead of her mother and another adult, was struck by a bicycle ridden by an unidentified boy. Signs forbidding the riding of bicycles were posted at all park entrances and at various points within area where accident occurred. The prohibition was enforced by park employees as they observed violations.

The Court of Claims, Alexander Del Giorno, J., 12 Misc.2d 692, 177 N.Y.S.2d 146, entered judgment against the State, and the State appealed, and the claimants cross-appealed on ground that awards were inadequate.

The Appellate Division, 8 A.D.2d 651, 185 N.Y.S.2d 101, reversed the judgment on the law and the facts, dismissed the claims, and held that record did not support theory that, in exercise of reasonable care for safety of persons frequenting the park, the State was bound to adopt a rule forbidding persons with bicycles to walk through the park, and that record would not support a finding of inadequacy of general supervision by the State proximately causing the accident.

The father, individually and as guardian ad litem for daughter, appealed to the Court of Appeals, and motion was made in the Court of Appeals for leave to prosecute appeal as a poor person and for assignment of counsel.

Motion for leave to prosecute appeal as a poor person and for assignment of counsel granted and Irving A. Scheinberg, Esq., of 66 Court Street, Brooklyn, New York, assigned as counsel to the appellants on the appeal herein.