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SCHREMPF v. STATE

107 A.D.2d 1042 (1985)

Flora A. Schrempf, as Executrix of Albert R. Schrempf, Deceased, Respondent, v. State of New York, Appellant. (Claim No. 66390.)

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

January 29, 1985

Judgment affirmed, with costs.

Boomer, J. (dissenting).

Joseph Evans, an outpatient at Hutchings Psychiatric Center, a State institution, fatally stabbed Albert R. Schrempf, and Schrempf's executrix brought this wrongful death claim against the State. After a trial, the court found that the State was negligent in the care and treatment of Evans and that the State's negligence was the proximate cause of Schrempf's death.

Evans had a long...

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