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PADULA v. STATE

59 A.D.2d 480 (1977)

Clara Padula, as Administratrix of The Estate of Frank Padula, Deceased, Respondent, v. State of New York, Appellant. (Claim No. 54694.) Paul Modafferi, Respondent, v. State of New York, Appellant. (Claim No. 56914.)

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

December 8, 1977

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (J. Lawson Brown and Ruth Kessler Toch of counsel), for appellant.

Schiano & Poyzer (Charles A. Schiano of counsel), for Clara Padula, respondent.

Francis E. Dorn (Joseph Fallek of counsel), for Paul Modafferi, respondent.

KANE, MAHONEY and HERLIHY, JJ., concur with SWEENEY, J. P.; LARKIN, J., concurs in the result only in a separate opinion.

SWEENEY, J. P.

The claimants seek damages for wrongful death (Padula) and personal injuries (Modafferi) alleging negligence on the part of the State. At the time of the alleged negligence Frank Padula and Paul Modafferi were residents of the Iroquois Rehabilitation Center. They were both certified heroin addicts, as were the other residents of the center. Under the jurisdiction of the State Narcotic Addiction...

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