Koenigsmark v. State

Main, J.P., and Weiss, J.,

dissent and vote to reverse in the following memorandum by Weiss, J. Weiss, .J. (dissenting). We respectfully dissent. We cannot agree that the Court of Claims properly dismissed the claim after a trial of liability only. The record reveals that claimant had a four-year history of treatment for schizophrenia, manic depression with suicidal tendencies, starting in 1971. Between December 6, 1974 (when claimant was admitted to the inpatient program at Elmira Psychiatric Center [Elmira]) and April 16, 1975 (when claimant escaped from Elmira and threw himself in front of…