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SMITH v. STATE OF NEW YORK

181 A.D.2d 227 (1992)

Kelly J. Smith, as Administratrix of The Estate of Floyd B. Hill, Deceased, and as Parent and Guardian of Phelan T. Hill et al., Infants, Respondent, v. State of New York, Appellant

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

July 9, 1992

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Siobhan Shanks and Peter H. Schiff of counsel), for appellant.

Friedlander, Friedlander, Reizes, Joch & Littman, P. C. (Judy F. Marotti and William S. Friedlander of counsel), for respondent.

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

HARVEY, J.

On October 16, 1987, plaintiff's decedent, while a patient at Binghamton Psychiatric Center (hereinafter the Center) in Broome County, fell from a fourth floor laundry room window. Decedent died four days later. Claimant thereafter brought suit alleging, among other things, that defendant was negligent in securing the building and supervising decedent. Following joinder of issue, the parties exchanged...

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