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JONES v. STATE

51 N.Y.2d 943 (1980)

Corrine Jones, as Intended Administratrix of The Estate of Robert M. Jones, Deceased, Appellant, v. State of New York, Respondent. (Claim No. 59466.)

Court of Appeals of the State of New York.

Decided October 23, 1980.

Attorney(s) appearing for the Case

Emilio Nunez and Edgar T. Schleider for appellant.

Robert Abrams, Attorney-General (Peter J. Dooley and Shirley Adelson Siegel of counsel), for respondent.

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI and JONES. Judge MEYER dissents and votes to reverse in an opinion in which Judges WACHTLER and FUCHSBERG concur.

Order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division (69 A.D.2d 936). We note, however, that, as conceded by the Assistant Attorney-General on argument, the claim was dismissed only as to the cause of action for wrongful death.

MEYER, J. (dissenting).

Because the State received notice of the cause of action against it in the form of a claim served upon it by the "intended...

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