Ordered that the order is affirmed, with costs.
The claimant failed to refute evidence provided by deposition testimony and police reports that the claimant's decedent, while intoxicated, stole a State-owned vehicle from the grounds of the Kings Park Psychiatric Center. The decedent crashed the vehicle into a tree shortly thereafter, and sustained fatal injuries.
We find that the court properly dismissed the claim based upon common-law negligence against the...
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