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WARNER v. STATE

1104 CA 17-02002.

166 A.D.3d 1525 (2018)

85 N.Y.S.3d 816

2018 NY Slip Op 07589

Richard H. Warner, Individually and as Guardian of Mary Dorothy Warner, an Incapacitated Person, Appellant, v. State of New York, Respondent. (Claim No. 98768.) (Appeal No. 1.)

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

Decided November 9, 2018.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: Claimant filed two separate claims, one seeking damages for personal injuries sustained by claimant's decedent, and a second seeking damages for her wrongful death (see Warner v State of New York, 125 A.D.3d 1324, 1325 [4th Dept 2015], lv denied 25 N.Y.3d 906 [2015]). In appeal...

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