KUBAS v. STATE OF NEW YORK


278 A.D. 887 (1951)

Sophia Kubas, as Administratrix of The Estate of Stanley Kubas, Deceased, Appellant, v. State of New York, Respondent. (Claim No. 28434.)

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

May 2, 1951.


Judgment affirmed, without costs of this appeal to either party.

All concur, except McCurn and Piper, JJ., who dissent and vote for reversal and for entry of judgment in accordance with the following memorandum:

The State's experts have testified that decedent would never have recovered or that a recovery was a rare possibility. His last commitment to the hospital was based on his attempt to commit suicide. The record discloses that the purpose of granting...

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