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OTT v. BARASH

109 A.D.2d 254 (1985)

Marie-Elise Ott, an Infant, by John G. Ott, Her Father and Natural Guardian, Respondent, v. William Barash, Appellant

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

July 1, 1985

Attorney(s) appearing for the Case

Maloney, Murphy, McLoone, Dobise & McGrane (John W. Hoefling of counsel), for appellant.

Gloria W. Ott for respondent.

NIEHOFF, RUBIN and EIBER, JJ., concur.

BRACKEN, J. P.

The question for our consideration is whether the plaintiff, who was allegedly injured as the result of the negligence of a New York State employee, may maintain a cause of action for negligence against that employee in the Supreme Court after having settled a prior action against the State in the Court of Claims to recover damages for the same injuries.

The infant plaintiff in this action...

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