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JANUSZKO v. STATE

47 N.Y.2d 774 (1979)

Angeline G. Januszko, as Administratrix of The Estate of Debra J. Januszko, Deceased, et al., Appellants, v. State of New York, Respondent. (Claim No. 57431.)

Court of Appeals of the State of New York.

Decided May 8, 1979.

Attorney(s) appearing for the Case

David G. Miller and Daniel A. Ruzow for appellant.

Robert Abrams, Attorney-General (Maurice K. Peaslee and Jeremiah Jochnowitz of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES and WACHTLER concur in memorandum; Judge FUCHSBERG taking no part.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

There is nothing in the record in this case which commands reversal of the factual determination made by the Court of Claims and affirmed at the Appellate Division that it was not foreseeable, when the inmate was discharged, that he would commit a brutal homicide five months thereafter. Accordingly, any negligence for which the State of...

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