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MOCHEN v. STATE OF N. Y.

43 A.D.2d 484 (1974)

George Mochen, Jr., an Infant by His Father and Natural Guardian, George Mochen, Sr., Appellant, v. State of New York, Respondent. (Claim No. 51514.)

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

February 22, 1974.

Attorney(s) appearing for the Case

Boniello, Gellman, Anton, Brydges & Conti (Ralph A. Boniello, III, of counsel), for appellant.

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

MARSH, P. J., CARDAMONE, MAHONEY and GOLDMAN, JJ., concur.

SIMONS, J.

This negligence case raises the question of what duty an institutionalized mentally ill patient has to exercise care for his own safety.

At the time of this accident George Mochen, Jr. was an infant, 17 years of age and had completed the equivalent of 11th grade in school. George had apparently suffered from mental problems since birth. His illness became serious at the age of seven and, starting...

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