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JOHNSON v. STATE OF NEW YORK

37 N.Y.2d 378 (1975)

Estelle Johnson, as Executrix of Nellie Johnson, Deceased, Claimant, and Fleeter Thorpe, Appellant, v. State of New York, Respondent. (Claim No. 52985.)

Court of Appeals of the State of New York.

Decided July 2, 1975.

Attorney(s) appearing for the Case

Cornelius D. Murray and Barry R. Fischer for appellant.

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

Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.

Chief Judge BREITEL.

On claimant Fleeter Thorpe's appeal, the issue is whether the daughter of a patient in a State hospital, falsely advised that the patient, her mother, had died, may recover from the State for emotional harm. She sustained the harm as a direct result of the negligent misinformation provided by the hospital in the course of it advising relatives of the death of a patient. The mother was in...

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