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COHEN v. STATE OF N.Y.

51 A.D.2d 494 (1976)

Ellen F. Cohen, as Administratrix of The Estate of Alan D. Cohen, Deceased, Respondent, v. State of New York, Appellant. (Claim No. 57074.)

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

April 15, 1976

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Ruth Kessler Toch of counsel) and John S. Zachary, P.C. (Joseph E. Magnotti of counsel), for appellant.

Aaron J. Broder and Seymour Madow for respondent.

GREENBLOTT and MAIN, JJ., concur with HERLIHY, J.; KOREMAN, P.J., and REYNOLDS, J., dissent and vote to reverse in an opinion by REYNOLDS, J.

HERLIHY, J.

Alan Cohen, the claimant's intestate (referred to herein as decedent) was 23 years of age, married, and at the time of his death, April 22, 1971, he was a third-year medical student at the Downstate Medical Center University of the State of New York. Prior to admission as a medical student he had graduated from the University of Rochester, receiving a Bachelor of Arts degree, with a major in psychology...

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