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PAY v. STATE

87 N.Y.2d 1011 (1996)

666 N.E.2d 172

643 N.Y.S.2d 467

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

Court of Appeals of the State of New York.

Decided March 28, 1996.

Attorney(s) appearing for the Case

Dennis C. Vacco, Attorney-General, Albany (Michael S. Buskus, Victoria A. Graffeo and Peter H. Schiff of counsel), for appellant.

Paul William Beltz, P. C., Buffalo (Robert B. Nichols, William A. Quinlan and Anne B. Rimmler of counsel), for respondents.

Paul A. Crotty, Corporation Counsel of New York City (John Hogrogian and Pamela Seider Dolgow of counsel), for New York City, amicus curiae.

Schneider, Kleinick, Weitz, Damashek & Shoot, New York City (Brian J. Shoot and Harry Steinberg of counsel), for New York State Trial Lawyers Association, amicus curiae.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur in memorandum.

MEMORANDUM.

The order of the Appellate Division insofar as appealed from should be reversed, with costs, and the case remitted to the Court of Claims for further proceedings in accordance with this memorandum.

This is a personal injury action on behalf of infant Sherilynn Kirisits, who in August of 1975 was in utero when her mother, Sheryl Kirisits, was involved in an automobile accident on a State highway...

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