WEBER v. STATE


107 A.D.2d 929 (1985)

Ruth A. Weber, as Administratrix of The Estate of Joseph P. Weber, Deceased, Appellant, v. State of New York, Respondent. (Claim No. 63897.)

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

January 17, 1985


Claimant's decedent, while being transported to a mental hospital, was shot and killed by a State trooper during his escape attempt in which decedent had gained possession of one trooper's revolver and shot at the second trooper. Claimant commenced two actions for wrongful death on behalf of decedent's estate; one in the United States District Court and the other in the New York Court of Claims. In the Federal action, the complaint against the State was dismissed on jurisdictional...

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