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MITCHELL v. STATE OF NEW YORK

24 Misc.2d 853 (1960)

Cora L. Mitchell, as Administratrix of The Estate of James C. Mitchell, Deceased, Claimant, v. State of New York, Defendant. (Claim No. 35082.)

Court of Claims.

June 29, 1960.

Attorney(s) appearing for the Case

Edward P. Abbott and Bruce G. Dean for claimant. Louis J. Lefkowitz, Attorney-General (Edwin T. Hoskins of counsel), for defendant.

RICHARD S. HELLER, J.

This claim seeks recovery for conscious pain and suffering pursuant to sections 119 and 120 of the Decedent Estate Law and for wrongful death pursuant to section 130 of the Decedent Estate Law. On November 2, 1955, the decedent, James C. Mitchell, was employed as a laborer by the Ceravolo Construction Co., Inc., of Rome, New York. At that time the Ceravolo Construction Co., Inc., was engaged in work under a contract with the State...

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