GUNNARSON v. STATE


70 N.Y.2d 923 (1987)

Virginia L. Gunnarson, Respondent, v. State of New York, Appellant. (Claim No. 62631.)

Court of Appeals of the State of New York.

Decided December 23, 1987.


Attorney(s) appearing for the Case

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

Martin Diennor and Abraham Fuchsberg for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

In this personal injury action for damages by a claimant injured while she was a patient at the Pilgrim State Psychiatric Center, a bifurcated trial was held in the Court of Claims resulting in an interlocutory judgment of liability against the State of New York. The State appealed, automatically triggering a stay in its favor pursuant...

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