RODEN v. STATE OF NEW YORK


208 Misc. 1076 (1955)

Benjamin Roden, an Incompetent, by His Guardian ad Litem, Rose Roden, Claimant, v. State of New York, Defendant. (Claim No. 32617.)

Court of Claims.

December 5, 1955.


Attorney(s) appearing for the Case

M. Herman Mandel and Erwin Greenberg for claimant.

Jacob K. Javits, Attorney-General (David Paley of counsel), for defendant.


SYLVESTER, J.

The claimant, a patient at Creedmoor State Hospital, brings suit against the State for injuries sustained by him at the hospital on or about April 11, 1954, due, as he alleges, to the negligence of the State in respect of his supervision and care. On that day at 4:00 P.M. the claimant was confined in a seclusion room on Ward S-10 of the institution. At 5:00 P.M. all of the patients in the ward were taken to the dining room except claimant...

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