JONES v. STATE OF NEW YORK


33 N.Y.2d 275 (1973)

Lynda Jones, Individually and as Administratrix of The Estate of Herbert W. Jones, Jr., Deceased, Appellant, v. State of New York, Respondent, and Vincent Mancusi et al., Defendants. (Claim No. 54555.)

Court of Appeals of the State of New York.

Decided December 27, 1973.


Attorney(s) appearing for the Case

William J. Cunningham, Jr. and Carol Eve Casher for appellant.

Louis J. Lefkowitz, Attorney-General (Jean M. Coon and Ruth Kessler Toch of counsel), for respondent.

Chief Judge FULD and Judges GABRIELLI and WACHTLER concur with Judge BURKE; Judge JASEN dissents and votes to affirm in a separate opinion in which Judges BREITEL and JONES concur.


BURKE, J.

Claimant seeks to recover damages from the State for the false imprisonment, pain and suffering and mental anguish which her decedent sustained prior to his death as well as for his wrongful death. The State moved in the Court of Claims to dismiss the claim on the grounds that workmen's compensation is claimant's sole remedy and that the claim failed to state a cause of action since the State is insulated...

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