Whidbee v. State of New York

— In a claim to recover *799damages for personal injuries, etc., the claimant appeals and the State of New York cross appeals from a judgment of the Court of Claims (Lengyel, J.), dated October 2, 1989, which, after a nonjury trial, is in favor of the claimant and against the State in the principal sum of $125,000.

Ordered that the judgment is reversed, on the law, without costs or disbursements, and the claim is dismissed.

The claimant’s mother, Beulah Whidbee, was admitted as an in-patient at the Rockland Psychiatric Center on April 28, 1987. On May 7, 1987, a physical fight broke out between…