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HAWLEY v. STATE OF NEW YORK

22 A.D.2d 357 (1965)

Lawrence Hawley, by His Mother, Caroline A. Thomas, as Guardian ad Litem, Respondent, v. State of New York, Appellant. (Claim No. 39502.)

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

January 14, 1965.

Attorney(s) appearing for the Case

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

Leonard H. Amdursky and Morris B. Swartz for respondent.

HENRY and NOONAN, JJ., concur with BASTOW, J.; WILLIAMS, P. J., dissents in opinion in which DEL VECCHIO, J., concurs.

BASTOW, J.

Claimant, a man of mature years but a mental defective, represented by his guardian ad litem, has received a substantial monetary award based upon a finding that the State was liable for the negligent acts of one Robert Thompson, to whom a State school had committed the custodial care of claimant. The latter in September, 1959 received serious permanent injuries, while working as a farm hand for Thompson, when he fell some 40 feet from the...

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