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GERBINO v. STATE OF NEW YORK

201 Misc. 3 (1952)

Ernest Gerbino, as Guardian ad Litem of Eugene Gerbino, an Infant, Claimant, v. State of New York, Defendant. (Claim No. 30529.)

Court of Claims.

January 15, 1952.

Attorney(s) appearing for the Case

Richard H. Connors for claimant.

Nathaniel L. Goldstein, Attorney-General (Harold S. Coyne of counsel), for defendant.

GORMAN, J.

The claim is one to recover damages for an assault committed upon the infant claimant, September 7, 1949, by an employee of the Newark State School. The boy was admitted to the institution, October 12, 1947, as a mental defective. The State then assumed responsibility for his reasonable care and protection. The proof shows an unprovoked and brutal assault by an attendant, acting within the scope of his...

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