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PAY v. STATE

213 A.D.2d 991 (1995)

625 N.Y.S.2d 770

Sandra J. Pay et al., as Guardians of Sherilynn M. Kirisits, an Infant, Respondents, v. State of New York, Appellant. (Appeal No. 1.) (Claim No. 72324.)

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

March 17, 1995

Judgment unanimously affirmed with costs.

Memorandum:

Defendant appeals from an amended judgment awarding the infant past and future damages structured pursuant to CPLR article 50-B. The structured judgment was based upon a decision of the Court of Claims awarding the infant $9,994,741 for serious permanent injuries sustained in utero in an accident that occurred as a result of the State's negligent failure to maintain a guardrail. On appeal, the State challenges...

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