Appellate Division of the Supreme Court of the State of New York August 23, 2007, Claim No. 86979 (Brown v. State)

OPINION OF THE COURT

Spain, J.

The genesis of this class action litigation is a September 4, 1992 middle of the night home invasion and attack on a 77-year-old woman who was asleep in bed while staying as a guest in a home just outside the City of Oneonta, Otsego County. The victim fought off her assailant and hid for several hours, unsure of his whereabouts, and contacted police around 4:00 a.m.