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MATTER OF ABRAHAM XX.

36 A.D.3d 1085 (2007)

827 N.Y.S.2d 769

In the Matter of the Estate of ABRAHAM XX., Deceased. KATHLEEN XX., as Administrator of the Estate of ABRAHAM XX., Deceased, Respondent-Appellant; STATE OF NEW YORK, Appellant-Respondent.

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

Decided January 18, 2007.

Cardona, P.J.

In July 1992, Abraham XX. was born with spastic quadriplegic cerebral palsy. Litigation brought on Abraham's behalf resulted in a malpractice verdict in excess of $100,000,000, which was reduced to $5,000,000 pursuant to a "high-low" settlement agreement entered into during jury deliberations.1 By order of December 22, 1998, $1,707,884.95 of the settlement proceeds was allocated to the Office of Mental Retardation and Developmental...

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