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PIATKOWSKI v. STATE OF NEW YORK

43 Misc.2d 424 (1964)

Irene Piatkowski, as Administratrix of The Estate of Kenneth M. Staufenberger, Deceased, Claimant, v. State of New York, Defendant. (Claim No. 40458.)

Court of Claims.

July 6, 1964

Attorney(s) appearing for the Case

Cohen, Lombardo, Maisel, Blewett & Fisher (Richard Blewett of counsel), for claimant. Louis J. Lefkowitz, Attorney-General (Ralph W. Jackson, Sr., of counsel), for defendant.

DOROTHEA E. DONALDSON, J.

This claim to recover damages for conscious pain, suffering, and the wrongful death of Kenneth M. Staufenberger arises from the alleged negligence of and assault by the defendant, the State of New York, through one of its employees, a member of the State Police, who fired one bullet from his gun inflicting severe and fatal injury.

Claimant, mother-in-law of decedent, received limited letters of administration for the...

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