SHANON v. STATE


29 A.D.2d 1024 (1968)

Harry Shanon, an Incompetent, by Seymour Kagan, as His Committee, Appellant, v. State of New York, Respondent. (Claim No. 44787.)

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

April 29, 1968


GABRIELLI, J.

There is no serious dispute as to the facts. Claimant had been a patient in the hospital for over eight months and on the morning of June 27, 1963 an attendant found him lying on the floor, with a fracture of the left leg. There was no direct proof as to how the accident occurred although claimant had told an attendant that he had fallen out of bed. It further appears that during his stay in the hospital he had never fallen from the bed...

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