Legal Opinion
Higgins v. State
Appellate Division of the Supreme Court of the State of New York
Decided December 9, 1965No. Claim No. 41133; Claim No. 41134PublishedCited by 6 opinions
1Per curiam
The State has appealed from judgments in favor of the claimants because of an assault upon the infant plaintiff on July 15, 1962. The assault occurred in a public park in the City of Buffalo by a patient of the Buffalo State Hospital, a *148State institution for the care and treatment of the mentally ill. The patient had been in that institution for a period of approximately 12 years. During that time his conduct and history were not such that he could properly have been classified as a dangerous person. In fact his condition had improved to the extent that the hospital authorities had determined…
2Cases cited4 opinions
- Palsgraf v. Long Island R.R. Co.New York Court of Appeals · 1928
- Williams v. State of New YorkNew York Court of Appeals · 1955
- Flaherty v. State of New YorkNew York Court of Appeals · 1947
- Excelsior Ins. Co. of N.Y. v. State of New YorkNew York Court of Appeals · 1946
3Cited by6 opinions
- Schrempf v. StateNew York Court of Appeals · 1985
- Bell v. New York City Health & Hospital Corp.Appellate Division of the Supreme Court of the State of New York · 1982
- Thompson v. AngeAppellate Division of the Supreme Court of the State of New York · 1981
- Purdy v. Public AdministratorAppellate Division of the Supreme Court of the State of New York · 1987
- O'Shea v. United StatesDistrict Court, E.D. New York · 1985
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