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RANDONE v. STATE OF NEW YORK

113362.

30 Misc.3d 335 (2010)

910 N.Y.S.2d 355

MARIA RANDONE, Claimant, v. STATE OF NEW YORK, Defendant. (Claim No. 113362.)

Court of Claims.

Decided October 19, 2010.

Attorney(s) appearing for the Case

Rutberg & Associates, P.C. ( Richard Greenblatt of counsel), for claimant.

Andrew M. Cuomo , Attorney General ( J. Gardner Ryan of counsel), for defendant.

OPINION OF THE COURT

TERRY JANE RUDERMAN, J.

Background

In May 2005, claimant was a resident at Hudson River Psychiatric Center, a psychiatric hospital operated by the New York State Office of Mental Health. Claimant had a history of mental illness and, due to her obesity and other physical conditions, she often required the assistance of a wheelchair. On May 21, 2005, claimant entered a shower...

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