Legal Opinion
Sebastian v. State of NY
New York Court of Appeals
Decided October 21, 1999PublishedCited by 81 opinions
1Opinion of the Court
OPINION OF THE COURT
Bellacosa, J.
The issue on this appeal is whether the State may be held liable in negligence for injuries inflicted by a juvenile delinquent who escaped from a Division for Youth (DFY) facility. To resolve the question, this Court must consider whether the State’s alleged negligence arose out of the performance of a governmental, rather than a proprietary, function. We affirm the order that upheld the ruling in favor of the State.
Daniel Chadderdon was adjudicated a juvenile delinquent in July 1992. He was ordered by a Family Court Judge to be placed in the custody of the…
2Cases cited20 opinions
- Miller v. State of New YorkNew York Court of Appeals · 1984
- Schuster v. City of New YorkNew York Court of Appeals · 1958
- Riss v. City of New YorkNew York Court of Appeals · 1968
- Weiner v. Metropolitan Transportation AuthorityNew York Court of Appeals · 1982
- Nolechek v. GesualeNew York Court of Appeals · 1978
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3Cited by81 opinions
- Applewhite v. Accuhealth, Inc.New York Court of Appeals · 2013
- Sanchez v. State of NYNew York Court of Appeals · 2002
- Turturro ex rel. Turturro v. City of New YorkNew York Court of Appeals · 2016
- Velez v. City of New YorkCourt of Appeals for the Second Circuit · 2013
- In Re World Trade Center Disaster Site LitigationCourt of Appeals for the Second Circuit · 2008
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