SHEINBAUM v. STATE OF NY


101 Misc.2d 250 (1979)

Joe Sheinbaum, Individually and as Administrator of The Estate of Thelma Sheinbaum, Deceased, Claimant, v. State of New York et al., Defendants. (Claim No. 63187.)

Court of Claims.

September 28, 1979.


Attorney(s) appearing for the Case

Howard S. Davis and Stephen G. Gorray for defendants. Schneider, Kleinick, Friedman, Miller & Weitz (Robert Jackson of counsel), for claimant.


EDWARD J. AMANN, JR., J.

The State, in the present motion, seeks to dismiss the instant claim: (1) for failure to state a cause of action; and (2) on the ground that the claim was commenced by a party, who lacked the legal capacity to bring suit.

From January 10, 1977 to May 16, 1977, Thelma Sheinbaum was a patient at Downstate Medical Center (hereinafter referred to as Downstate). Thereafter, on June...

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