In the early 20th century, the State of New York had almost complete sovereign immunity from negligence claims. Only those claims specifically allowed by statute could plaintiffs recover against the State. In Smith v. State, 227 NY 405 (1920), the court held that a plaintiff injured because of the negligence of State employees in placing a wire across a walkway in a state park was barred from recovering because the State had not made an express waiver of the State’s immunity from liability for the tortious acts of its officers and agents.

The State effectively waived this immunity through Section 8 of the Court of Claims Act in 1929. After, government entities that owned land encompassing state, county and town parks were subject to the same laws of negligence that applied to ordinary landowners.