Toxey v. State
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtLahtinen, J.
Appeal from an order of the Court of Claims (Hanifin, J.), entered December 9, 1999, which, inter alia, granted the State’s motion to dismiss the claim for failure to timely file and serve a claim.
Claimant broke the fifth finger of his right hand on January 25, 1996 while he was an inmate at a State correctional facility. X rays were taken and read by a radiologist a few days *928later but the fracture was not diagnosed until March 5, 1996 when the X rays were reviewed by another doctor. On April 15, 1996 claimant filed a notice of intention to file a claim alleging the misdiagnosis resulted in a…
2Cases cited6 opinions
- McDermott v. TorreNew York Court of Appeals · 1982
- Nykorchuck v. HenriquesNew York Court of Appeals · 1991
- Young v. New York City Health & Hospitals Corp.New York Court of Appeals · 1998
- Allende v. New York City Health & Hospitals Corp.New York Court of Appeals · 1997
- Calco v. StateAppellate Division of the Supreme Court of the State of New York · 1991
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3Cited by6 opinions
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- Briggs v. New York State Department of TransportationDistrict Court, N.D. New York · 2002
- Garofolo v. StateAppellate Division of the Supreme Court of the State of New York · 2011
- O'Connor v. StateAppellate Division of the Supreme Court of the State of New York · 2005
- Gang v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 2019
1 more not listed; retrieve them via the Exa API.