BERGER v. STATE


171 A.D.2d 713 (1991)

Harold Berger, Individually and as Administrator of The Estate of Sitta Berger, Deceased, Respondent, v. State of New York et al., Appellants. (Claim No. 73367.)

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

March 11, 1991


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the cross motion pursuant to Court of Claims Act § 10 (6) which was for leave to file a late claim to recover damages for negligence is denied.

The claimant's wife (hereinafter the decedent) was 76 years old when, on January 8, 1986, she was admitted to the defendant State University of New York, Downstate Medical...

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