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BARRETT v. STATE OF NEW YORK

143 Misc.2d 619 (1989)

Valerie Barrett, as Administratrix of The Estate of Kellian Barrett, Deceased, Claimant, v. State of New York, Defendant. (Claim No. 74265.)

Court of Claims.

March 28, 1989

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General, and Kanterman, Taub & Breitner, P. C. (Steven B. Cohen of counsel), for defendant. Fuchsberg & Fuchsberg (Barry J. Glickman of counsel), for claimant.

ALBERT A. BLINDER, J.

The claim at bar contains allegations of medical malpractice surrounding the birth of decedent Kellian Barrett. It is further alleged that the death occurred as a result of the alleged professional negligence. Damages are claimed for both conscious pain and suffering and wrongful death.

The defendant has moved to dismiss the first cause of action therein for conscious pain and suffering. Claimant has cross-moved to strike...

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