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SAMUEL PLOTKIN, PUB. ADM'R OF KINGS COUNTY v. STATE

197 A.D.2d 498 (1993)

603 N.Y.S.2d 40

Samuel Plotkin, Public Administrator of Kings County, as Administrator of The Estate of Janusz Denisiuk, Deceased, Respondent, v. State of New York, Appellant. (Claim No. 76147.)

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

October 28, 1993

In this action for wrongful death and conscious pain and suffering (33 USC § 905 [b]) arising from the accidental death by asphyxiation of claimant's decedent aboard a United States owned training vessel under the control of the State University of New York's Merchant Marine Academy, the trial court properly determined that the State was responsible for taking preventive safety measures with regard to the carbon dioxide cable that released the gas which caused decedent...

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