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LUCE v. STATE OF NEW YORK

266 A.D.2d 877 (1999)

697 N.Y.S.2d 806

CAROLYN D. LUCE, as Guardian ad Litem for FRANK J. LUCE, JR., Respondent, v. STATE OF NEW YORK, Appellant. (Claim No. 85728.)

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

Decided November 12, 1999.

Order unanimously reversed on the law without costs and motion granted.

Memorandum:

After a trial on liability, defendant, State of New York (State), was found liable in negligence and malpractice for injury sustained by Frank J. Luce, Jr., for whom claimant was appointed guardian ad litem, when Luce attempted suicide while a patient at Gowanda Psychiatric Center. Some of the same State-employed health care professionals...

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