McCANDLESS v. STATE OF NEW YORK


3 A.D.2d 600 (1957)

June M. McCandless, an Incompetent, by Grace I. McCandless, Her Guardian ad Litem, Respondent, v. State of New York, Appellant. (Claim No. 31833.)

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

May 8, 1957.


Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (John R. Davison, James O. Moore, Jr., and Peter E. Herzog of counsel), for appellant.

Isidore Neuwirth, Emil Katzka and Abraham Fleischmann for respondent.

FOSTER, P. J., BERGAN, COON and HALPERN, JJ., concur.


GIBSON, J.

Claimant, while a mentally ill patient at Pilgrim State Hospital, became pregnant. Some months later an abortion was induced by operative procedure undertaken by members of the hospital staff. Proceeding from these basic facts, claimant alleges two causes of action against the State and has recovered on both. As to the first, the trial court found the State negligent in failing to furnish adequate supervision...

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