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SCHWENK v. STATE OF NEW YORK

205 Misc. 407 (1953)

Frank Schwenk, as Administrator of The Estate of Herbert W. Schwenk, Deceased, Claimant, v. State of New York, Defendant. (Claim No. 30624.)

Court of Claims.

December 12, 1953.

Attorney(s) appearing for the Case

Jerome Golenbock for claimant.

Nathaniel L. Goldstein, Attorney-General (David Marcus of counsel), for defendant.

LAMBIASE, J.

On May 26, 1950, one Robert Cannon, a patient on convalescent status from Pilgrim State Hospital, a hospital owned and operated by the State of New York for the care and treatment of the mentally ill of the State, was riding in a bus in the County of Nassau, New York. He was seated behind claimant's intestate, Herbert W. Schwenk, who was accompanied by his fiancee. Concededly neither of them knew...

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