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BAY RIDGE AIR RIGHTS v. STATE

57 A.D.2d 237 (1977)

Bay Ridge Air Rights, Inc., Appellant, v. State of New York, Respondent. (Claim No. 59365.)

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

May 12, 1977

Attorney(s) appearing for the Case

Harold M. Foster (Anthony J. McNulty and William F. McNulty of counsel), for appellant.

Louis J. Lefkowitz, Attorney-General (Douglas L. Manley and Ruth Kessler Toch of counsel), for respondent.

KANE, P. J., MAHONEY, MAIN and HERLIHY, JJ., concur.

LARKIN, J.

The essential facts are not in dispute. The claimant is the owner of an apartment building in Brooklyn, New York. On July 2, 1972 a tenant in the building was murdered by a custodian in the employ of claimant. The custodian had once been a patient at the State operated Creedmoor Psychiatric Hospital and at the time of the homicide was an outpatient at Brooklyn State Hospital. The administrator of...

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