OELSNER v. STATE


66 N.Y.2d 636 (1985)

Richard E. Oelsner, as Administrator of The Estate of Catherine Oelsner, Deceased, Respondent, v. State of New York, Appellant. (Claim No. 61444.)

Court of Appeals of the State of New York.

Decided October 8, 1985.


Attorney(s) appearing for the Case

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

Arnold Davis for respondent.

Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE, ALEXANDER and TITONE concur in memorandum.


MEMORANDUM.

The judgment appealed from and the order of the Appellate Division brought up for review should be reversed, with costs, and the Court of Claims judgment dismissing the claim reinstated.

In this action for damages for wrongful death of claimant's intestate due to the alleged malpractice of a physician employed by defendant (the State), the dispute centers on whether the physician's misdiagnosis was a matter...

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