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COX v. STATE OF NEW YORK

3 N.Y.2d 693 (1958)

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

Court of Appeals of the State of New York.

Decided February 27, 1958.

Attorney(s) appearing for the Case

Wilford A. Le Forestier for appellant.

Louis J. Lefkowitz, Attorney-General (John R. Davison and Peter E. Herzog of counsel), for respondent.

Chief Judge CONWAY and Judges FROESSEL and VAN VOORHIS concur with Judge DYE; Judge DESMOND dissents in an opinion in which Judges FULD and BURKE concur.

DYE, J.

These appeals as of right are from two judgments of the Court of Claims, entered on an order of the Appellate Division, Third Department, unanimously reversing, on the law, two judgments in favor of claimants and dismissing the respective claims.

The respective claims are for damages and incidental care and treatment which Mary McGrath, an incompetent person, required as a result of personal injuries...

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