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PARMERTER v. STATE OF N.Y.

111564.

36 Misc.3d 639 (2012)

948 N.Y.S.2d 521

2012 NY Slip Op 22171

WILLIAM D. PARMERTER et al., as Administrators of the Estate of SHANNON PARMERTER, Deceased, and as Guardians of KYLIE PARMERTER, an Infant, Claimants, v. STATE OF NEW YORK, Defendant. (Claim No. 111564.) TRESSA GILES, as Co-Administratrix of the Estate of JOHN H. MATTIA, Deceased, and as Parent and Natural Guardian of TAYLA ROSE MATTIA and Others, Infants, et al., Claimants, v. STATE OF NEW YORK, Defendant. (Claim No. 111691.)

Court of Claims.

March 29, 2012.

Attorney(s) appearing for the Case

Eric T. Schneiderman , Attorney General ( Richard B. Friedfertig of counsel), for defendant. Smith, Miner, O'Shea & Smith, LLP ( Carrie L. Smith of counsel), for William D. Parmerter and another, claimants. Jasen & Jasen, P.C. ( Peter M. Jasen of counsel), for Tressa Giles and another, claimants.

OPINION OF THE COURT

MICHAEL E. HUDSON, J.

Defendant has moved for summary judgment dismissing each of the above claims.1 Claimants have cross-moved for summary judgment. On consideration, the motion and cross motion will be denied.

The above claims arise from the deaths of Shannon Parmerter and John H. Mattia on the early morning of May 1, 2004, after socializing together at several bars or clubs.2...

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