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Sivertsen v. State

Appellate Division of the Supreme Court of New York, Third Department
May 1, 1967
28 A.D.2d 571 (N.Y. App. Div. 1967)

Opinion

May 1, 1967


MEMORANDUM BY THE COURT. The order of this court entered upon its memorandum decision ( 24 A.D.2d 918) having been reversed ( 19 N.Y.2d 698) and the matter remitted for a determination of questions of fact, we find that the State of New York was negligent in failing to properly inspect the stretcher and in permitting its employees to use defective hospital equipment, which was the proximate cause of the injury (see Holtfoth v. Rochester Gen. Hosp., 304 N.Y. 27, 32); that the claimant, Marie E. Sivertsen, was free from contributory negligence; that the awards to the claimants were reasonable, adequate and not excessive. Judgment of the Court of Claims affirmed, with costs. Gibson, P.J., Herlihy, Reynolds, Aulisi and Gabrielli, JJ., concur in memorandum by the court.


Summaries of

Sivertsen v. State

Appellate Division of the Supreme Court of New York, Third Department
May 1, 1967
28 A.D.2d 571 (N.Y. App. Div. 1967)
Case details for

Sivertsen v. State

Case Details

Full title:MARIE E. SIVERTSEN et al., Respondents-Appellants, v. STATE OF NEW YORK…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: May 1, 1967

Citations

28 A.D.2d 571 (N.Y. App. Div. 1967)