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McCORKLE v. DEGL

74 Misc.2d 611 (1973)

Beulah McCorkle, as Administratrix of The Estate of Edgar McCorkle, Deceased, Plaintiff, v. Paul Degl et al., Defendants and Third-Party Plaintiffs. Pilgrim State Hospital, Third-Party Defendant.

Supreme Court, Special Term, Kings County.

June 7, 1973

Attorney(s) appearing for the Case

Sid Schmucker for plaintiff. John J. Langan for defendants and third-party plaintiffs. Louis J. Lefkowitz, Attorney-General, for third-party defendant.

SIMON J. LIEBOWITZ, J.

Motion by third-party defendant, Pilgrim State Hospital (Hospital), to dismiss the third-party complaint on the ground the Hospital is an instrumentality of the State and any action against it must be brought in the Court of Claims. Third-party plaintiffs contend that this court should accept jurisdiction under the decision in Dole v. Dow Chem. Co. (30 N.Y.2d 143), which permits apportionment...

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