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BROWN v. STATE OF NEW YORK

45 A.D.3d 15 (2007)

841 N.Y.S.2d 698

RICKY BROWN et al., on Behalf of Themselves and All Others Similarly Situated, Appellants, v. STATE OF NEW YORK, Respondent. (Claim No. 86979.)

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

August 23, 2007.

Attorney(s) appearing for the Case

Whiteman, Osterman & Hanna, Albany (Joseph D. Stinson of counsel), for appellants.

Andrew M. Cuomo, Attorney General, Albany (Denise A. Hartman of counsel), for respondent.

CREW III, J.P., MUGGLIN, LAHTINEN and KANE, JJ., concur.

OPINION OF THE COURT

SPAIN, J.

The genesis of this class action litigation is a September 4, 1992 middle of the night home invasion and attack on a 77-year-old woman who was asleep in bed while staying as a guest in a home just outside the City of Oneonta, Otsego County. The victim fought off her assailant and hid for several hours, unsure of his whereabouts, and contacted police around 4:00 A.M. The State Police responded, interviewed the victim and occupants...

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