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MAHONEY v. STATE OF NEW YORK

35 Misc.2d 138 (1962)

Bernard Mahoney, as Administrator of The Estate of Joseph P. Mahoney, Deceased, Claimant, v. State of New York, Defendant. (Claim No. 36277.)

Court of Claims.

July 11, 1962

Attorney(s) appearing for the Case

William G. O'Donnell for claimant. Louis J. Lefkowitz, Attorney-General (William McCue of counsel), for defendant.

ALEXANDER DEL GIORNO, J.

This is a claim to recover for wrongful death alleged to have been caused by the negligence of the State in permitting the decedent to leave the grounds of Rockland State Hospital at a time when the State knew he was suffering from a self-destructive form of schizophrenia.

The substance of the testimony of James Mahoney, claimant and brother of the decedent, is as follows: the...

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