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YOUNG v. STATE

2009-10195.

82 A.D.3d 972 (2011)

918 N.Y.S.2d 777

GLENDORA YOUNG, as Administratrix of the Estate of CARDEL WALLACE, Deceased, Appellant, v. STATE OF NEW YORK (UNIVERSITY HOSPITAL OF BROOKLYN-DOWNSTATE MEDICAL CENTER), Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided March 15, 2011.

Ordered that the order is affirmed insofar as appealed from, with costs.

In this wrongful death and medical malpractice claim, the Court of Claims properly determined that so much of the claim as sought to recover damages for the conscious pain and suffering of the claimant's decedent failed to comply with Court of Claims Act § 11 (b) (see Lepkowski v State of New York, 1 N.Y.3d 201, 208 [2003]; Rodriguez v State...

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