Legal Opinion
Fitzgerald v. State
New York Court of Claims
Decided July 18, 1961No. Claim No. 34630; Claim No. 33674PublishedCited by 3 opinions
1Opinion of the CourtAlexander Del Gtorno, J.
These are claims to recover for personal injuries sustained as a result of the alleged negligence of the State.
On February 21, 1955 an explosion occurred in the bake shop in Sing Sing Prison, where claimants were inmates, causing burns and other injuries to them. Following the death of claimant Herder, the Public Administrator was substituted for him by order of this court.
De Simone had been assigned to repair, maintain and lubricate the bake shop equipment, which included a secondhand Middleby Marshall Bake Oven installed in the prison in 1951 by the I. J. White Corporation. This company at…
2Cases cited5 opinions
- Campo v. ScofieldNew York Court of Appeals · 1950
- Lee v. StateNew York Court of Claims · 1946
- Gould v. StateNew York Court of Claims · 1949
- Duffy v. StateNew York Court of Claims · 1950
- Richards v. StateNew York Court of Claims · 1954
3Cited by3 opinions
- D'Argenio v. Village of HomerAppellate Division of the Supreme Court of the State of New York · 1994
- Callahan v. StateAppellate Division of the Supreme Court of the State of New York · 1963
- Gonzalez v. StateNew York Court of Claims · 1972