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SMITH v. FISHKILL CTR.

169 A.D.2d 309 (1991)

Robert C. Smith, Individually and as Administrator of The Estate of Amy L. Smith, Deceased, Appellant, v. Fishkill Health-Related Center, Inc., et al., Defendants, and County of Dutchess et al., Defendants and Third-Party Plaintiffs-Respondents. Werner Cohn, Third-Party Defendant-Respondent. (And Another Third-Party Action.)

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

July 25, 1991

Attorney(s) appearing for the Case

Spiegel, Pergament, Brown & Basso (John J. Basso and Marino D'Orazio of counsel), for appellant.

Martin, Clearwater & Bell (Barbara D. Goldberg of counsel), for third-party defendant-respondent.

Morris & Duffy (Patricia D'Alvia and Alan H. Sproul of counsel), for defendants and third-party plaintiffs-respondents.

MIKOLL, J. P., YESAWICH, JR., MERCURE and CREW III, JJ., concur.

LEVINE, J.

Plaintiff's decedent was murdered March 10, 1987 in the parking lot of defendant Fishkill Health-Related Center, Inc. in the Town of Fishkill, Dutchess County. The alleged perpetrator of the crime was Michael Macklin, who was then under treatment for mental illness as a voluntary outpatient of defendant Dutchess County Department of Mental Hygiene (hereinafter DMH). Plaintiff, decedent's husband,...

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