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JONES v. STATE OF NEW YORK

79 A.D.2d 273 (1981)

Lynda Jones, Individually and as Administratrix of The Estate of Herbert L. Jones, Respondent, v. State of New York, Defendant. Present and Former State Troopers, Intervenors-Appellants. (And 22 Other Claimant Actions.)

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

February 26, 1981

Attorney(s) appearing for the Case

Hinman, Straub, Pigors & Manning, P. C. (Bernard Malone and Peter L. Rupert of counsel), for intervenors-appellants.

Cunningham, Pares & Renda (William J. Cunningham and Susan S. Hogan of counsel), for respondent.

CARDAMONE, J. P., HANCOCK, JR., and MOULE, JJ., concur.

SIMONS, J.

Claimant Jones seeks to recover damages for the wrongful death of her husband resulting from the alleged willful assault on him by the State Police during the retaking of Attica Correctional Facility in September, 1971 (see Jones v State of New York, 33 N.Y.2d 275). Her action has been joined with 22 similar claims. While the claimants were engaged in trial...

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