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FITZGERALD v. STATE OF NEW YORK

28 Misc.2d 283 (1961)

Thomas I. Fitzgerald, Public Administrator of the County of New York, as Administrator of The Estate of Emil Herder, Also Known as Emil Herter, Deceased, Claimant, v. State of New York, Defendant. (Claim No. 34630.) John De Simone, Claimant, v. State of New York, Defendant. (Claim No. 33674.)

Court of Claims.

July 18, 1961

Attorney(s) appearing for the Case

Rogge, Zucker, Fabricant & Gordon (Murray A. Gordon of counsel), for claimants. Louis J. Lefkowitz, Attorney-General (William F. Larkin of counsel), for defendant.

ALEXANDER DEL GIORNO, J.

These are claims to recover for personal injuries sustained as a result of the alleged negligence of the State.

On February 21, 1955 an explosion occurred in the bake shop in Sing Sing Prison, where claimants were inmates, causing burns and other injuries to them. Following the death of claimant Herder, the Public Administrator was substituted for him by order of this court.

De Simone had been assigned to repair...

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