GUNNARSON v. STATE


95 A.D.2d 797 (1983)

Virginia L. Gunnarson, Respondent, v. State of New York, Appellant. (Claim No. 62631.)

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

June 13, 1983


Interlocutory judgment affirmed, with costs.

The claimant, a heavy smoker, burned herself while lighting a cigarette in a coat room at Pilgrim Psychiatric Center, where she was an involuntary patient. At the time of her injuries she had been under sedation for almost two weeks. The record indicates that the claimant was not searched upon admission and that, throughout her hospital stay, she possessed a cigarette lighter which she used to light her own cigarettes,...

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