Legal Opinion
Boland v. State of New York
New York Court of Appeals
Decided May 5, 1972No. Motion M-11936PublishedCited by 25 opinions
1Opinion of the CourtBreitel, J.
Claimant, a recent patient of a State mental institution by involuntary commitment, seeks permission to file a late claim against the State. The claim is for wrongful commitment (false imprisonment) and negligent medical treatment. The claim was not filed within 90 days of accrual as ordinarily required by subdivision 3 of section 10 of the Court of Claims Act. The claim may be filed, however, under a different subdivision of the statute, if claimant may take advantage of the two-year period provided for claimants under disability when the claim accrued, or may, as a matter of discretion, be…
2Cases cited11 opinions
- Dufel v. StateAppellate Division of the Supreme Court of the State of New York · 1921
- Taylor v. State of New YorkNew York Court of Appeals · 1951
- Weber v. StateAppellate Division of the Supreme Court of the State of New York · 1944
- Moltion v. StateNew York Court of Claims · 1948
- Emanuele v. StateNew York Court of Claims · 1964
6 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Thomas v. New York CityDistrict Court, E.D. New York · 1993
- Demas v. LevitskyAppellate Division of the Supreme Court of the State of New York · 2002
- Hudleasco, Inc. v. StateNew York Court of Claims · 1977
- Matter of Gonzalez v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2015
- Young v. StateNew York Court of Claims · 1978
20 more not listed; retrieve them via the Exa API.