Legal Opinion
Duffy v. State
New York Court of Claims
Decided January 31, 1950No. Claim No. 29198PublishedCited by 6 opinions
1Opinion of the CourtLounsberry, P. J.
On January 15, 1937, while serving a sentence in Attica State Prison, and while working in the sheet metal shop in the prison, the claimant was struck on the right hand by the revolving emery wheel of a flexible shaft grinder and seriously injured. Following his release on parole in 1948, and while still on such parole, claimant filed this claim, charging the State with negligence in the maintenance and guarding of the grinder.
The State urges that under section 510 of the Penal Law the claimant lacks capacity to sue, and, hence, that the court has no jurisdiction to hear the claim.
Prior to…
2Cases cited8 opinions
- Palsgraf v. Long Island R.R. Co.New York Court of Appeals · 1928
- Glens Falls Portland Cement Co. v. Travelers' InsuranceNew York Court of Appeals · 1900
- Green v. State of New YorkNew York Court of Appeals · 1938
- Lee v. StateNew York Court of Claims · 1946
- Grant v. StateNew York Court of Claims · 1948
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- D'Argenio v. Village of HomerAppellate Division of the Supreme Court of the State of New York · 1994
- Broadus v. StateNew York Court of Claims · 1970
- Fitzgerald v. StateNew York Court of Claims · 1961
- Melton v. StateNew York Court of Claims · 1950
- Matthews v. StateNew York Court of Claims · 1957
1 more not listed; retrieve them via the Exa API.