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ARIAS v. STATE OF NY

8 Misc.3d 736 (2005)

795 N.Y.S.2d 855

CHRISTINE NEWBORN ARIAS, Individually and as Limited Administrator of the Estate of WILLIAM E. NEWBORN, JR., Deceased, Claimant, v. STATE OF NEW YORK, Defendant. (Claim No. 97942.)

Court of Claims.

March 14, 2005.

Attorney(s) appearing for the Case

John D.B. Lewis and Gary E. Divis for claimant.

Eliot Spitzer, Attorney General (Vincent M. Cascio of counsel), for defendant.

OPINION OF THE COURT

STEPHEN J. MIGNANO, J.

By decision and order filed January 29, 2003, this court granted claimant's motion for summary judgment on various causes of action sounding in negligence (see Arias v State of New York, 195 Misc.2d 64 [2003]). Subsequently, by decision filed May 8, 2003, this court found defendant's doctors committed medical malpractice and found defendant to be fully liable (see...

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