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LEGALL v. STATE OF NY

10 Misc.3d 800 (2005)

803 N.Y.S.2d 386

ERICA LEGALL, as Administratrix of the Estate of SHIRLEY DANNEY, Deceased, Claimant, v. STATE OF NEW YORK, Defendant. (Claim No. 109419.)

Court of Claims.

September 19, 2005.

Attorney(s) appearing for the Case

Rhona A. Silverman for claimant.

Eliot Spitzer, Attorney General (Mary Y.J. Kim of counsel), for defendant.

OPINION OF THE COURT

THOMAS H. SCUCCIMARRA, J.

This claim arises from the death of Shirley Danney on July 4, 2002, allegedly as the result of negligence and medical malpractice in connection with surgery performed at Downstate Medical Center on July 3, 2002. A notice of intention to file a claim was served on defendant on October 1, 2002, within 90 days of accrual. On May 2, 2003, Ms. Danney's daughter, Erica Legall, was appointed administratrix of her estate...

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