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JONES v. STATE

96 A.D.2d 105 (1983)

Lynda Jones, Individually and as Administratrix of The Estate of Herbert W. Jones, Jr., Deceased, Respondent, v. State of New York, Appellant

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

November 4, 1983

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Peter Dooley of counsel), for appellant.

Cunningham, Pares & Renda (William Cunningham of counsel), for respondent.

CALLAHAN, DENMAN, GREEN and MOULE, JJ., concur.

HANCOCK, JR., J. P.

Herbert W. Jones, Jr., an account clerk employed by the State at Attica Correctional Facility, was taken hostage on September 9, 1971 during the Attica uprising. He died instantly on September 13, 1971 from a gunshot wound to the head caused by a .270 caliber bullet discharged by one of the State troopers during the rescue and retaking operation. In her claim against the State for Jones' wrongful death, claimant, his widow and administratrix...

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