WEINGAST v. STATE OF NEW YORK


44 Misc.2d 824 (1964)

Isaac Weingast et al., Claimants, v. State of New York, Defendant. (Claim No. 39930.)

Court of Claims.

December 21, 1964


Attorney(s) appearing for the Case

Talisman & Wittels (Benjamin Harmatz of counsel), for claimants. Louis J. Lefkowitz, Attorney-General (Robert Schwartz of counsel), for defendant.


DOROTHEA E. DONALDSON, J.

This is an action for damages for mental suffering which is alleged to have been inflicted on the claimants as a result of a reversal of identity which occurred between two patients at Pilgrim State Hospital.

The facts are not in dispute. On September 28, 1959, a patient known to the hospital authorities as Elizabeth Gambardella died. Steps were taken to inform Mrs. Gambardella...

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