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SEAVY v. STATE OF NEW YORK

21 A.D.2d 445 (1964)

George M. Seavy et al., Appellants, v. State of New York, Respondent

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

June 25, 1964.

Attorney(s) appearing for the Case

George Kohn for appellant.

Louis J. Lefkowitz, Attorney-General (Jeremiah Jochnowitz and Paxton Blair of counsel), for respondent.

HENRY and NOONAN, JJ., concur with GOLDMAN, J.; WILLIAMS, P. J., dissents and votes to reverse and award judgment in favor of claimants in the sum of $9,776, with costs to claimants, in opinion in which BASTOW, J., concurs.

GOLDMAN, J.

A 20-year-old mentally retarded but educable young man with an I. Q. of about 60, while participating in the State's program of Working Convalescent Care, hereinafter referred to as "W. C. C.", pursuant to section 132 of the Mental Hygiene Law,1 allegedly set fire to a barn on claimants' dairy farm. The barn and its contents...

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