Mohan v. State

In a claim to recover damages for personal injuries and wrongful death, the State of New York appeals from an order of the Court of Claims (Lengyel, J.), dated July 30, 1986, which denied its motion for summary judgment dismissing the claim.

Ordered that the order is affirmed, without costs or disbursements.

Taking the claimant’s allegations to be true, as we must for the purposes of this motion, two State Troopers asked the decedent to assist them in the apprehension of the decedent’s brother, who had been reported to be armed with a gun. When the troopers and the decedent were unsuccessful…