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YOUNG v. STATE OF NY

92 Misc.2d 795 (1978)

Francis J. Young, as Committee of Anna Brown, an Incompetent, Claimant, v. State of New York et al., Defendants. (Claim No. 60554.)

Court of Claims.

January 5, 1978

Attorney(s) appearing for the Case

Matthew A. Solano for claimant. Louis J. Lefkowitz, Attorney-General (Ralph A. Beisner of counsel), for defendants.

GERARD M. WEISBERG, J.

The claimant has moved to strike various affirmative defenses in the defendant's answer, pursuant to CPLR 3211 (subd [b]). The motion raises several important issues regarding the rights of incompetents.

The claimant, Francis J. Young, is the committee of Anna Brown, a judicially declared incompetent. The claim is for personal injuries to the incompetent sustained while she was...

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