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KARPINSKI v. STATE OF N. Y.

35 A.D.2d 84 (1970)

Tadeusz Karpinski, Individually and as Administrator of The Estate of Elvira Karpinski, Deceased, Respondent, v. State of New York, Appellant. (Claim No. 47784.)

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

July 20, 1970.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Ruth Kessler Toch and Peter J. Dooley, Jr., of counsel), for appellant.

Furey, Mooney & Hengeveld (James M. Furey of counsel), for respondent.

GREENBLOTT and COOKE, JJ., concur with HERLIHY, P. J.; REYNOLDS, J., dissents and votes to dismiss the claim in opinion in which SWEENEY, J., concurs.

HERLIHY, P. J.

This is an appeal by the State from a judgment of the Court of Claims awarding the respondent administrator the sum of $10,000 for the pain and suffering of his decedent wife; the sum of $20,000 for wrongful death; and the sum of $1,881 for funeral expenses.

The decedent had been a known diabetic since age 21 and was about 36 years of age when she died in 1965. The decedent had apparently...

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