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HAMMOND v. STATE OF NEW YORK

157 A.D.2d 391 (1990)

Gwendolyn Hammond, as Administratrix of The Estate of Winnester Davis, Deceased, Appellant, v. State of New York, Respondent

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

June 7, 1990

Attorney(s) appearing for the Case

Lamont R. Bailey of counsel (Bailey & Bailey, attorneys), for appellant.

Dennis Hurley of counsel (Peter J. Dooley with him on the brief; Robert Abrams, Attorney-General, attorney), for respondent.

ROSS, J. P., CARRO, ELLERIN and RUBIN, JJ., concur.

KASSAL, J.

Claimant's decedent, Winnester Davis, was shot to death on April 10, 1986 by her husband, Samuel Davis, in the presence of their infant son. At issue on appeal is whether the trial court properly granted respondent, the State of New York, prediscovery summary judgment dismissing the claim filed by Mrs. Davis' estate. In light of the factual controversy surrounding the dispositive issue of whether...

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