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DUNN v. STATE OF N. Y.

34 A.D.2d 267 (1970)

Herma D. Dunn, Individually and as Administratrix of The Estate of Herman Springhorn, Deceased, et al., Appellants, v. State of New York, Respondent. (Claim No. 43974.)

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

June 2, 1970.

Attorney(s) appearing for the Case

Edward A. Miller (DeGraff, Foy, Conway & Holt-Harris, by John T. DeGraff, Jr., of counsel), for appellants.

Louis J. Lefkowitz, Attorney-General (Jeremiah Jochnowitz and Ruth Kessler Toch of counsel), for respondent.

REYNOLDS, J. P., COOKE and SWEENEY, JJ., concur with GREENBLOTT, J.; STALEY, JR., J., dissents and votes to affirm, in an opinion.

GREENBLOTT, J.

This is an appeal from a judgment entered May 29, 1968, upon a decision of the Court of Claims which dismissed a wrongful death claim.

On July 6, 1962, claimants' intestate was fatally injured when his automobile was struck by a stolen car operated by Jack Proper, an escapee from the Hudson River State Hospital, while the latter was being pursued by a member of the State Police. The claim...

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