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JOHNSON v. STATE OF N. Y.

44 A.D.2d 151 (1974)

Estelle Johnson, as Executrix of Nellie Johnson, Deceased, et al., Respondents-Appellants, v. State of New York, Appellant-Respondent. (Claim No. 52985.)

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

April 11, 1974.

Attorney(s) appearing for the Case

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

O'Connell & Aronowitz, P. C. (Cornelius D. Murray, Barry R. Fischer and Daniel Sleasman of counsel), for respondents-appellants.

HERLIHY, P. J., STALEY, JR., SWEENEY and MAIN, JJ., concur.

KANE, J.

These are cross appeals from a judgment in favor of claimant, entered November 10, 1972, upon a decision of the Court of Claims.

On August 6, 1970 Emma Johnson died while a patient at the Hudson River State Hospital in Poughkeepsie and that institution sought to notify her next of kin so that arrangements could be made for the removal of her remains and burial. Unfortunately for the hospital...

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