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SCHREMPF v. STATE OF NY

66 N.Y.2d 289 (1985)

Flora A. Schrempf, as Executrix of Albert R. Schrempf, Deceased, Respondent, v. State of New York, Appellant.

Court of Appeals of the State of New York.

Decided November 19, 1985.

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Peter H. Schiff, Robert Hermann and Vernon Stuart of counsel), for appellant.

Wilfred E. Hoffmann for respondent.

Judges JASEN, MEYER, KAYE, ALEXANDER and TITONE concur; Judge SIMONS taking no part.

Chief Judge WACHTLER.

Claimant's husband was stabbed and killed by Joseph Evans, a mental patient who had been released from a State institution and was still receiving outpatient care from that facility. In a suit for wrongful death the Court of Claims found the State liable for negligently failing to have the assailant committed as an inpatient sometime prior to the assault. The Appellate Division affirmed...

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