Legal Opinion

Smith v. State

Appellate Division of the Supreme Court of the State of New York

Decided April 15, 1999PublishedCited by 12 opinions

1Opinion of the CourtPeters, J.

Appeal from a judgment of the Court of Claims (McNamara, J.), entered December 3, 1997, upon a decision of the court in favor of the State.

Claimant Claude Smith (hereinafter Smith) slipped and fell on January 15, 1996 at approximately 9:00 a.m. while approaching building 10 of the Oswald D. Heck Developmental Center (hereinafter the facility) in Schenectady County. At the time, Smith was carrying his infant daughter to her day-care program located inside the facility. As a result of the fall, Smith and his wife, derivatively, filed a claim against the State alleging that it failed to maintain…

2Cases cited5 opinions

  1. Gordon v. American Museum of Natural HistoryNew York Court of Appeals · 1986
  2. Piacquadio v. Recine Realty Corp.New York Court of Appeals · 1994
  3. Marcellus v. Nathan Littauer Hospital Ass'nAppellate Division of the Supreme Court of the State of New York · 1988
  4. Larson v. Albany Medical CenterAppellate Division of the Supreme Court of the State of New York · 1998
  5. Claim of Boettcher v. StateAppellate Division of the Supreme Court of the State of New York · 1998

3Cited by12 opinions

  1. Carricato v. Jefferson Valley Mall Ltd. PartnershipAppellate Division of the Supreme Court of the State of New York · 2002
  2. Cruz v. RampersadAppellate Division of the Supreme Court of the State of New York · 2013
  3. Wimbush v. City of AlbanyAppellate Division of the Supreme Court of the State of New York · 2001
  4. Ronconi v. Denzel AssociatesAppellate Division of the Supreme Court of the State of New York · 2005
  5. Stoddard v. G.E. Plastics Corp.Appellate Division of the Supreme Court of the State of New York · 2004

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