Kubecka v. State

—In a claim, inter alia, to re*514cover damages for wrongful death, the defendant State of New York appeals from an interlocutory judgment of the Court of Claims (Silverman, J.), dated January 8, 1997, which, upon a finding that it failed in its duty to provide reasonable protection to the decedents Robert M. Kubecka and Donald E. Bar-stow as cooperating witnesses with the New York State Organized Crime Task Force, is in favor of the claimants and against it on the issue of liability.

Ordered that the interlocutory judgment is affirmed, with costs.

The trial evidence established that a special…