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PHELAN v. STATE OF NY

11 Misc.3d 151 (2005)

804 N.Y.S.2d 886

KEVIN J. PHELAN, Individually, as Administrator of the Estate of NANCY PHELAN, Deceased, and as Parent and Natural Guardian of WILLIAM R. PHELAN, an Infant, Claimant, v. STATE OF NEW YORK, Defendant. (Claim No. 105128.)

Court of Claims.

June 29, 2005.

Attorney(s) appearing for the Case

Gordon, Siegel, Mastro, Mullaney, Gordon & Galvin, P.C. (Christine Galvin of counsel), for Kevin J. Phelan, claimant.

Eliot Spitzer, Attorney General (Frederick H. McGown, III, of counsel), for defendant.

OPINION OF THE COURT

JUDITH A. HARD, J.

Claimant Kevin J. Phelan brings this negligence claim for the wrongful death of his former spouse, Nancy Phelan (hereinafter decedent).1 The claim alleges that decedent, who was not wearing a helmet, rode her bicycle over a depression in a road in Thompson Lake State Park, lost her balance and fell, striking her head on the road. She was dead...

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