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MILANO v. STATE OF NEW YORK

44 Misc.2d 290 (1964)

John Milano, as Administrator of The Estate of Phillip Milano, Deceased, Claimant, v. State of New York, Defendant. (Claim No. 40911.)

Court of Claims.

October 20, 1964

Attorney(s) appearing for the Case

Vincent J. Velella and Morris Weissberg for claimant. Louis J. Lefkowitz, Attorney-General (William T. McCue of counsel), for defendant.

CAROLINE K. SIMON, J.

This claim of wrongful death arises out of a homicidal assault inflicted on the infant decedent on June 28, 1962 by a mental patient at Rockland State Hospital who had been released from that institution on convalescent status on March 9, 1962. Negligence is predicated on the alleged improper release from confinement of the patient by virtue of the alleged failure of the hospital authorities...

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