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HIGGINS v. STATE OF NEW YORK

24 A.D.2d 147 (1965)

Robert Higgins, Sr., Respondent, v. State of New York, Appellant. (Claim No. 41133.) Robert Higgins, Jr., an Infant by His Guardian ad Litem, Robert Higgins, Sr., Respondent, v. State of New York, Appellant. (Claim No. 41134.)

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

December 9, 1965.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Jeremiah Jochnowitz of counsel), for appellant.

John J. Gruber for respondents.

WILLIAMS, P. J., BASTOW, GOLDMAN, HENRY and DEL VECCHIO, JJ., concur.

Per Curiam.

The State has appealed from judgments in favor of the claimants because of an assault upon the infant plaintiff on July 15, 1962. The assault occurred in a public park in the City of Buffalo by a patient of the Buffalo State Hospital, a State institution for the care and treatment of the mentally ill. The patient had been in that institution for a period of approximately 12 years. During that time his...

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