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HARRIS v. STATE OF NEW YORK

117 A.D.2d 298 (1986)

Cornelius Harris, as Guardian of Adrienne D., et al., Respondents, v. State of New York, Appellant

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

May 27, 1986

Attorney(s) appearing for the Case

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

Barry, McTiernan & Moore (Roger P. McTiernan, Sr., and Kathryn Deborah Nealon of counsel), for respondents.

MOLLEN, P. J., RUBIN and LAWRENCE, JJ., concur.

KUNZEMAN, J.

The issue presented by these appeals is whether the State may be held directly liable for injuries sustained by Adrienne D., a mentally disabled individual, while a resident of a State-certified family care home in which she had been placed by the State pursuant to Mental Hygiene Law article 31. Her injuries were sustained when she suffered an epileptic seizure in a locked bathroom in the home....

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