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LARKIN v. STATE OF NEW YORK

84 A.D.2d 438 (1982)

Jean Larkin, as Administratrix of The Estate of Richard C. Larkin, Deceased, Appellant, v. State of New York, Respondent

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

January 22, 1982

Attorney(s) appearing for the Case

Bernstein, White & Bernstein (Richard S. Bernstein of counsel), for appellant.

Robert Abrams, Attorney-General (Peter J. Dooley, and Jeremiah Jochnowitz of counsel), for respondent.

DILLON, P. J., SIMONS, HANCOCK, JR., and DOERR, JJ., concur.

SCHNEPP, J.

This appeal concerns the liability of the State of New York for its alleged failure to use acceptable medical procedures in the care and treatment of Richard Carl Larkin while he was a prisoner in the Attica Correctional Facility and particularly for its alleged failure to diagnose and treat what was later determined to be a berry aneurysm.1 Larkin died on January 3,...

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