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COX v. STATE

282 A.D. 815 (1953)

Catherine Cox, as Executrix of Edward P. McGrath, Deceased, Respondent, v. State of New York, Appellant. (Claim No. 30169.) Catherine Cox, as Executrix of Edward P. McGrath, Deceased, Respondent, v. State of New York, Appellant. (Claim No. 30168.)

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

July 2, 1953.

The actions grow out of personal injuries suffered by Mary McGrath, an incompetent, while she was confined in the Hudson River State Hospital. The claim alleged that on November 19, 1949, while Mary McGrath was an inmate of the hospital, "she was pushed, struck and assaulted by another inmate" causing her to fall and sustain severe injuries, principally a fracture of the right femur. The incompetent died shortly thereafter but there is no claim that her death was caused by...

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