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  5. 16 A.D.2d 191 (1962)
 

BLITZER v. STATE OF NEW YORK

16 A.D.2d 191 (1962)

Martin Blitzer, as Administrator of The Estate of Max Auster, Deceased, Respondent-Appellant, v. State of New York, Appellant-Respondent. (Claim No. 33484.)

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

April 13, 1962.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Edwin R. Oberwager and Paxton Blair of counsel), for appellant-respondent.

Nathan L. Levine for respondent-appellant.

BERGAN, P. J., COON, HERLIHY and TAYLOR, JJ., concur.

GIBSON, J.

The State appeals from a judgment of the Court of Claims which, upon a finding of the State's negligence, awarded damages for decedent's death and for his conscious pain and suffering prior thereto. Cross appeal is taken by claimant on the ground of inadequacy.

Claimant's intestate, when 70 years old and a patient at a State hospital for the mentally ill, sustained cerebral injuries, asserted...

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