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DUNN v. STATE OF NEW YORK

29 N.Y.2d 313 (1971)

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

Court of Appeals of the State of New York.

Decided December 1, 1971.

Attorney(s) appearing for the Case

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

John T. DeGraff, Jr., Edward A. Miller and Rudolph P. Russo for respondents.

Chief Judge FULD and Judges BERGAN, BREITEL and JASEN concur with Judge SCILEPPI; Judges BURKE and GIBSON dissent and vote to affirm on the opinion at the Appellate Division.

SCILEPPI, J.

In this action for wrongful death and pain and suffering, claimants' intestate, Herman Springhorn, was killed on July 6, 1962 when an automobile which he was operating was struck by another vehicle driven by Jack Proper, an escapee from the Hudson River State Hospital. It is claimed that the State is responsible for the death of Mr. Springhorn because its...

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