MULBERG v. STATE


35 A.D.2d 856 (1970)

Irwin Mulberg, an Infant, by Gertrude Mulberg, His Mother and Natural Guardian, Respondent, v. State of New York, Appellant. (Claim No. 48800.)

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

November 5, 1970


Claimant was assigned, with approximately 30 other boys, to Ward 220, which consisted of a dormitory and dayroom, each 60 feet by 60 feet, a clothes room 10 feet by 15 feet (the room in which the accident happened), 15 private rooms, and an office. One Merino was the only attendant on duty in the ward at the time of the accident. He did not witness the accident which was testified to by another patient, aged 13. The trial court based its decision for the claimant on the ground...

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