BELLOWS v. STATE OF N. Y.


37 A.D.2d 342 (1971)

Bernard Bellows, Respondent, v. State of New York, Appellant. (Claim No. 52071.)

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

October 28, 1971.


Attorney(s) appearing for the Case

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

Gage & Gage (Walter C. Gage of counsel), for respondent.

WITMER, CARDAMONE and HENRY, JJ., concur; GOLDMAN, P. J., not participating.


GABRIELLI, J.

The State appeals from an order of the Court of Claims which denied a motion to dismiss a claim which alleges negligence in failing to provide claimant with adequate psychiatric and medical care during his incarceration from February 7, 1951 to November 3, 1969.

In order to set the stage for a discussion of the principles of law which are determinative of this appeal, it is appropriate for...

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