MALONEY v. STATE OF NEW YORK


207 Misc. 894 (1955)

Ruth E. Maloney, as Administratrix of The Estate of Thomas F. Maloney, Deceased, Claimant, v. State of New York, Defendant. (Claim No. 31319.)

Court of Claims.

May 3, 1955.


Attorney(s) appearing for the Case

Robert B. Anderson for claimant.

Nathaniel L. Goldstein, Attorney-General (James G. Austin of counsel), for defendant.


MAJOR, J.

This is a claim against the State of New York brought to recover damages for conscious pain and suffering and for the wrongful death of claimant's husband, Thomas F. Maloney, an employee of the State, who was fatally injured in an accident on New York State derrick barge 2-A, a nonpropelled boat used in the repair and maintenance of the State canal system.

At the opening of the trial, at the...

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