CUNNINGHAM v. STATE


10 A.D.2d 751 (1960)

William J. Cunningham, Respondent-Appellant, v. State of New York, Appellant-Respondent. (Claim No. 34069.)

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

March 18, 1960


Claimant was an officer in the medical corps of the National Guard. His claim was filed pursuant to an enabling act. (L. 1956, ch. 892.) The theory of the recovery was, in essence, negligence on the part of military medical personnel in failing promptly to diagnose and treat the disease of poliomyelitis which disabled claimant while on duty at a Summer encampment at Camp Drum; and, in addition, negligence on the part of medical and lay personnel in the treatment and care...

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