Legal Opinion
Claim of DeMairo v. State
New York Court of Claims
Decided May 19, 2017No. Claim Nos. 123838 and 124151Published
1Opinion of the Court
OPINION OF THE COURT
Faviola A. Soto, J.
Claimant estate brings this personal injury and wrongful death action alleging that the defendant negligently provided medical treatment to the decedent, John J. DeMairo. The defendant now moves to dismiss all causes of action based on jurisdictional defenses and claimant cross-moves to amend the notice of intention and to amend the claim.
Facts
The decedent, a 72-year-old male, fell and injured himself on February 9, 2012. He was hospitalized at SUNY Downstate Medical Center Long Island College Hospital from March 27, 2012 to April 3, 2012. He died on…
2Cases cited13 opinions
- Lepkowski v. State of NYNew York Court of Appeals · 2003
- Kolnacki v. StateNew York Court of Appeals · 2007
- Ponsrok v. City of YonkersNew York Court of Appeals · 1930
- Byrne v. StateAppellate Division of the Supreme Court of the State of New York · 1984
- Alston v. State of New YorkNew York Court of Appeals · 2001
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