Legal Opinion
Barrett v. State
New York Court of Claims
Decided March 28, 1989No. Claim No. 74265PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
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 the affirmative defense of untimeliness and, in *620the alternative, for relief pursuant to section 10 (6) of the Court of Claims Act.
Both…
2Cases cited20 opinions
- Pierson v. City of New YorkNew York Court of Appeals · 1982
- Cohen v. Pearl River Union Free School DistrictNew York Court of Appeals · 1980
- Hegerich v. . KeddieNew York Court of Appeals · 1885
- Greco v. S. S. Kresge Co.New York Court of Appeals · 1938
- Byrne v. StateAppellate Division of the Supreme Court of the State of New York · 1984
15 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- DeFilippis v. StateAppellate Division of the Supreme Court of the State of New York · 1990
- Barrett v. StateAppellate Division of the Supreme Court of the State of New York · 1990