Legal Opinion
Mihileas v. State
Appellate Division of the Supreme Court of the State of New York
Decided November 12, 1999No. Claim No. 93120PublishedCited by 5 opinions
1Opinion of the Court
—Judgment unanimously affirmed without costs. Memorandum: Contrary to the contention of claimant, the award of damages does not deviate materially from what would be reasonable compensation (see, CPLR 5501 [c]). The record establishes that claimant’s venous insufficiency was a preexisting condition. Claimant’s medical expert acknowledged that claimant’s venous insufficiency condition was a natural progression from the varicose veins claimant had when he began his prison term. He opined that claimant’s condition was further exacerbated by claimant having to wear State-regulation boots, sleep…
2Cases cited3 opinions
- Brown v. StateAppellate Division of the Supreme Court of the State of New York · 1993
- Spickerman v. StateAppellate Division of the Supreme Court of the State of New York · 1982
- Ortiz v. MendoliaAppellate Division of the Supreme Court of the State of New York · 1986
3Cited by5 opinions
- Carroll v. United StatesCourt of Appeals for the Second Circuit · 2008
- FREDERICK, JOHN v. NEW YORK STATE THRUWAY AUTHORITYAppellate Division of the Supreme Court of the State of New York · 2016
- Frederick v. New York State Thruway AuthorityAppellate Division of the Supreme Court of the State of New York · 2016
- Frederick v. New York State Thruway AuthorityAppellate Division of the Supreme Court of the State of New York · 2016
- Johnson v. SchraderAppellate Division of the Supreme Court of the State of New York · 2002