KULAGA v. STATE OF NEW YORK


37 A.D.2d 58 (1971)

Janet Kulaga et al., Appellants, v. State of New York, Respondent. (Claim No. 49770.)

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

June 25, 1971.


Attorney(s) appearing for the Case

Ward, Gorman & Marx (John Marshall Gorman of counsel), for appellants.

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

MARSH and GABRIELLI, JJ., concur with CARDAMONE, J.; DEL VECCHIO, J. P., and WITMER, J., concur in result in an opinion by WITMER, J.


CARDAMONE, J.

Claimants appeal from a judgment dismissing their claims for damages resulting from an assault upon them by an escaped convict. The Trial Judge held that the State was negligent in its supervision of Moseley, a convicted murderer whose vicious and remorseless character was known to the authorities and whose confinement was not merely for punishment but also for the protection of society.

We are asked to conclude, as the trial court...

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