FERNANDEZ v. STATE OF NEW YORK


45 A.D.2d 125 (1974)

Asbel Fernandez, as Administrator of The Estate of Amina Fernandez, Deceased, Respondent, v. State of New York, Appellant. (Claim No. 53254.)

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

June 20, 1974.


Attorney(s) appearing for the Case

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

Levidow & Levidow (Irving L. Weinberger and Richard D. Levidow of counsel), for respondent.

HERLIHY, P. J., SWEENEY, MAIN and REYNOLDS, JJ., concur.


GREENBLOTT, J.

Amina Fernandez, a patient at Bronx State Hospital, injured herself in a suicide attempt on August 18, 1970.* Decedent had been admitted to Bronx State Hospital on May 28, 1970 after having attempted to cut her throat with a razor. This claim is brought to recover for the alleged negligence of the State in failing to properly observe the patient so as to permit her to injure herself.

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