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MADELYN MILLER, Appellant, v. STATE OF NEW YORK, Respondent.

Upon remittal, judgment modified, on the facts, by increasing the award to claimant to the principal sum of $400,000. As so modified, judgment affirmed, insofar as appealed from, with costs to claimant.

On our review of the record, we conclude that the award of damages made by the Court of Claims was inadequate. Considering the horror of the rape itself and the consequences that followed, an award of $400,000 is in order. Lazer, J.P., Thompson, Bracken and O'Connor, JJ., concur.

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MILLER v. STATE
(Apr 1, 1985)