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LANDO v. STATE

39 N.Y.2d 803 (1976)

Ferdinando Lando, Individually and as Administrator of The Estate of Rose Lando, Deceased, Appellant, v. State of New York, Respondent. (Claim No. 54483.)

Court of Appeals of the State of New York.

Decided May 4, 1976.

Attorney(s) appearing for the Case

Sanford Solarz and Sidney J. Shaw for appellant.

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

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.

MEMORANDUM.

We agree with the Appellate Division that the claimant, as administrator, failed to present sufficient proof to support the estate's claims for his deceased daughter's conscious pain and suffering before death and for her wrongful death. However, since we agree with the Court of Claims that he did prove his claim for his own mental anguish, a matter not discussed by the Appellate Division in its opinion, there...

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