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SANTANA v. STATE

28 A.D.2d 576 (1967)

Mario Santana, Sr., as Administrator of The Estate of Mario Santana, Jr., Infant, Deceased, Respondent, v. State of New York, Appellant. (Claim No. 42904.)

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

May 1, 1967

REYNOLDS, J.

He was six years of age, an imbecile, with an I.Q. of 27 (roughly a mental age of two). He had been mentally retarded since birth due to natal injuries, was unable to eat by himself, could not speak, could not walk without help, was a moderate spastic and was subject to convulsions and frequent colds. When he was received at the school he was undernourished, weighing 38 pounds, seven or eight pounds...

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