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CAMERON v. STATE OF N. Y.

37 A.D.2d 46 (1971)

Patricia Cameron et al., Respondents, v. State of New York, Appellant. (Claim No. 48857.)

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

June 25, 1971.

Attorney(s) appearing for the Case

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

McDonough, Boasberg, McDonough & Beltz (Charles J. McDonough of counsel), for respondents.

DEL VECCHIO, J. P., and HENRY, J., concur in opinion by GABRIELLI, J. MOULE, J., dissents and votes to affirm in opinion, in which MARSH, J., concurs.

GABRIELLI, J.

Appeal is taken from a judgment in favor of claimants resulting from an assault upon the infant claimant, based upon the alleged negligence of the State. On August 4, 1967, claimant Patricia Cameron, aged 19, was severely injured when Dennis Buthy attacked her with a meat cleaver and butcher knife. Buthy, a former mental patient in a State hospital, had...

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