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BARRETT v. STATE OF NEW YORK

161 A.D.2d 61 (1990)

Valerie Barrett, as Administratrix of The Estate of Kellian Barrett, Deceased, Appellant, v. State of New York, Respondent

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

September 17, 1990

Attorney(s) appearing for the Case

Fuchsberg & Fuchsberg (Martin Diennor and Abraham Fuchsberg of counsel), for appellant.

Robert Abrams, Attorney-General (Peter J. Dooley and Michael S. Buskus of counsel), for respondent.

BRACKEN, J. P., EIBER and ROSENBLATT, JJ., concur.

SULLIVAN, J.

On this appeal, we are called upon to determine whether the personal representative of a deceased infant may assert the two-year tolling provision for infancy set forth in Court of Claims Act § 10 (5) in filing a claim on behalf of the infant's estate to recover damages for the conscious pain and suffering experienced by the infant prior to death....

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