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LEVINE v. STATE OF NEW YORK

105 A.D.2d 289 (1985)

Ruth A. Levine, Formerly Known as Ruth A. Greenberg, Respondent, v. State of New York, Appellant. (Claim No. 63698.)

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

January 3, 1985

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Peter J. Dooley and William J. Kogan of counsel), for appellant.

Noel Tepper for respondent.

KANE, J. P., MAIN, WEISS and MIKOLL, JJ., concur.

YESAWICH, JR., J.

Claimant was awarded judgment against the State for its negligent failure to protect her from a brutal physical assault and rape committed by a resident of the Highland State Training School. Earlier, the Workers' Compensation Board had determined that she was entitled to workers' compensation benefits for the injuries she had suffered in the incident. Throughout both the compensation proceeding and this litigation against the State...

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