CUNNINGHAM v. STATE


92 A.D.2d 725 (1983)

Helen T. Cunningham, Individually and as Administratrix of The Estate of Edward T. Cunningham, Deceased, Respondent, v. State of New York, Appellant. (Appeal No. 1.) (Claim No. 57225.)

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

February 28, 1983


Order unanimously reversed, without costs, motion granted and claim dismissed, in accordance with the following memorandum: In these wrongful death actions, arising out of the Attica uprising, claimants contend that the injuries to decedents were intentionally inflicted by the State. Claimants' attorney has conceded that these actions are governed by Werner v State of New York (53 N.Y.2d 346) and that the claimants are now barred...

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