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EISEMAN v. STATE OF NEW YORK

70 N.Y.2d 175 (1987)

Jacob Eiseman, Individually and as Administrator of The Estate of Rhona Eiseman, Deceased, et al., Respondents, v. State of New York, Appellant.

Court of Appeals of the State of New York.

Decided July 9, 1987.

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (O. Peter Sherwood, Peter H. Schiff and Michael S. Buskus of counsel), for appellant.

Richard P. Weisbeck, Jr., Carl A. Green and James T. Scime for respondents.

Walter J. Relihan, Jr., for Cornell University and others, amici curiae.

Eugene D. Gulland, Marjorie E. Powell and Sheldon Elliot Steinbach for the American Council on Education, amicus curiae.

Chief Judge WACHTLER and Judges SIMONS, ALEXANDER, TITONE and BELLACOSA concur; Judge HANCOCK, JR., taking no part.

KAYE, J.

This appeal from a negligence award focuses on the duty of the State, when an ex-felon with a history of drug abuse and criminal conduct, upon release from prison, is accepted into a special State college program for the disadvantaged, and thereafter rapes and murders a fellow student. We conclude that the State's alleged negligence involved no breach of duty owed to decedent, and the award to her estate...

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