PHILLIPS v. STATE


35 A.D.2d 750 (1970)

Rita E. Phillips, as Administratrix of The Estate of Walter Phillips, Sr., Deceased, Respondent, v. State of New York, Appellant. (Claim No. 51407.)

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

October 26, 1970


Claimant, as administratrix of the goods, chattels and credits of her deceased husband, filed a claim on August 27, 1969 in which she alleged that he died on September 15, 1963 as a result of the negligence of the State, that his remains were discovered in the Barge Canal on July 13, 1968 and that she was appointed as administratrix on July 25, 1969. There is no dispute as to these dates. Section 8 of the Court of Claims Act, in which the State waives its immunity from liability...

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