FABRICANT v. STATE OF NEW YORK


208 Misc. 898 (1955)

Phyllis Fabricant, an Infant by Harry Fabricant, Her Guardian ad Litem, et al., Claimants, v. State of New York, Defendant. (Claim No. 32214.)

Court of Claims.

October 25, 1955.


Attorney(s) appearing for the Case

J. W. Bernstein and Ralph A. Matalon for claimants.

Jacob K. Javits, Attorney-General (Robert L. Horkitz of counsel), for defendant.


SYLVESTER, J.

It is alleged that the infant sustained a fractured arm as a result of the State's negligence. The examination of the infant by the State's physician indicated the desirability of obtaining X rays of the affected arm and the State now moves for a further examination for that purpose. Claimant is agreeable that the motion be granted, provided a copy of the findings of the State's physician is delivered to him, and further, that if the X-ray...

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