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BARTLETT v. STATE OF N.Y.

52 A.D.2d 318 (1976)

Charles C. Bartlett, Appellant-Respondent, v. State of New York, Respondent-Appellant. (Claim No. 53290.)

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

May 28, 1976

Attorney(s) appearing for the Case

Samuel H. Greene (Irwin Birnbaum and Robert E. Lahm of counsel), for appellant-respondent.

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

MAHONEY, DILLON and GOLDMAN, JJ., concur with WITMER, J.; MOULE, J. P., dissents and votes to affirm the judgment in an opinion.

WITMER, J.

Charles C. Bartlett, claimant, appeals from a judgment of the Court of Claims dismissing his claim against the State after trial. The claim is for damages suffered by him by reason of the alleged wrongful acts of the State's agents in "unlawfully admitting and detaining" him in Willard State Hospital "and for an invasion of claimant's personal, civil and constitutional rights, and also for damages...

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