BAY RIDGE v. STATE OF N. Y.


44 N.Y.2d 49 (1978)

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

Court of Appeals of the State of New York.

Decided March 23, 1978.


Attorney(s) appearing for the Case

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

William F. McNulty, Harold M. Foster and Anthony J. McNulty for respondent.

Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.


Chief Judge BREITEL.

Claimant building owner, defendant in a wrongful death action arising out of the killing of a tenant by the building custodian, brings an independent action against the State, in whose hospitals the custodian had received psychiatric care, for indemnification and apportionment of damages if they should eventuate. The Court of Claims dismissed the claim for untimeliness (see Court of Claims...

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