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KUBAS v. STATE OF NEW YORK

198 Misc. 130 (1949)

Sophia Kubas, as Administratrix of The Estate of Stanley Kubas, Deceased, Claimant, v. State of New York, Defendant. (Claim No. 28434.)

Court of Claims.

October 10, 1949.

Attorney(s) appearing for the Case

Lewis M. Mullarkey and James H. Glavin, Jr., for claimant.

Nathaniel L. Goldstein, Attorney-General (Edward R. Murphy of counsel), for defendant.

LAMBIASE, J.

On December 2, 1946, claimant's intestate, Stanley Kubas, an inmate of the Utica State Hospital, located at Utica, New York, while temporarily away from said institution, obtained a quantity of oil of wintergreen and went into a theatre in the city of Amsterdam, New York, where he swallowed the same, from the effects of which he died the same day. Thereafter claimant filed this claim to recover "for damages arising out of and resulting from...

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