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BARRY v. STATE

27 A.D.2d 593 (1966)

Marie Barry, as Administratrix of The Estate of George D. Hughes, Deceased, Appellant, v. State of New York, Respondent. (Claim No. 41452.)

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

December 22, 1966

REYNOLDS, J.

All that the competent evidence in the record reveals with respect to the incident involved is that in 1961 George D. Hughes, an adjudicated incompetent, fell to the floor of a ward in the Rockland State Hospital with such force that he suffered a fractured hip. A nurse who was with Hughes could tell no more than that she heard a loud thump and turned to find Hughes lying on the floor. Faced with this dearth of proof claimant attempts to...

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