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SMITH v. STATE OF NEW YORK

334 CA 20-00663.

196 A.D.3d 1130 (2021)

2021 NY Slip Op 04436

Laurie Ann Smith, Individually and as Administratrix of the Estate of Thomas J. Blancke, Sr., Deceased, Appellant, v. State of New York, Respondent. (Claim No. 125901.).

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

Decided July 16, 2021.

Attorney(s) appearing for the Case

THE COCHRAN FIRM, NEW YORK CITY ( NORMAN A. OLCH OF COUNSEL), FOR CLAIMANT-APPELLANT.

LETITIA JAMES , ATTORNEY GENERAL, ALBANY ( KATHLEEN M. TREASURE OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Present—Centra, J.P., Peradotto, Curran, Winslow and DeJoseph, JJ.

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

Memorandum: Claimant, Laurie Ann Smith, individually and as administratrix of the estate of Thomas J. Blancke, Sr. (decedent), commenced this negligence and wrongful death action seeking damages after her husband, an inmate at Five Points Correctional Facility, was killed by his cellmate. Claimant appeals from an order that, inter alia, granted defendant's cross motion to dismiss...

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