BATTALLA v. STATE OF NEW YORK


17 Misc.2d 548 (1959)

Carmen Battalla, an Infant, by Her Guardian ad Litem, Carmen Battalla, Claimant, v. State of New York, Defendant. (Claim No. 35621.)

Court of Claims.

April 9, 1959.


Attorney(s) appearing for the Case

Leon Segan for claimant.

Louis J. Lefkowitz, Attorney-General (Paul Hoskins of counsel), for defendant.


ALEXANDER DEL GIORNO, J.

This is a motion by the State for an order dismissing the claim herein upon the ground that it appears on the face thereof that it fails to state a cause of action.

The claim is brought to recover damages for "severe emotional and neurological disturbances with residual physical manifestations" sustained by the infant claimant, aged nine years, as a result of the alleged negligence...

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