Wilcove v. State

The two jurisdictional questions raised upon the trial of this claim, namely, failure to properly file the same and the separate corporate entity of the Utica State Hospital under the Mental Hygiene Law, were both resolved in favor of the claimant by the subsequent passage of the enabling act (Laws of 1932, chap. 374).

It remains for the court to determine whether or not the State employees were negligent, and if they were the amount of damages to be awarded.

As to neghgence, if there was any doubt in the court’s mind at the conclusion of the claimant’s case it was cleared and dissipated by the…