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HAWLEY v. STATE

16 N.Y.2d 809 (1965)

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

Court of Appeals of the State of New York.

Decided July 9, 1965.

Attorney(s) appearing for the Case

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

Leonard H. Amdursky, Morris B. Swartz and Robert S. Amdursky for respondent.

Judges DYE, FULD, VAN VOORHIS, BURKE, SCILEPPI and BERGAN concur in MEMORANDUM; Chief Judge DESMOND dissents and votes to affirm upon the majority opinion at the Appellate Division.

MEMORANDUM:

Order reversed, without costs, and claim dismissed. The statutory relation between the State and the custodian of a patient on "convalescent status" does not impose a liability on the State for an act of negligence of the custodian not foreseeable by the State in the exercise of reasonable care; and the custodian is not the agent of the State in this relationship so as to impute such a liability to the State when due care

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