Legal Opinion · Concurring in part, dissenting in part

Bryant v. State

Appellate Division of the Supreme Court of the State of New York

Decided November 28, 2005No. Claim No. 103376Published

1Concurring in part, dissenting in part

S. Miller, J.,

concurs in part and dissents in part, and votes to dismiss the appeal from the decision and affirm the judgment with the following memorandum in which Krausman, J., concurs: I do not agree with the conclusion of the majority that the State of New York should be held liable in damages to the claimant for his failure to check the references of the dishonest employee he hired.

The facts are essentially as recited in the majority’s decision with a few exceptions. Because he needed larger quarters, the claimant relocated his business to Orange County in reliance, inter alia, upon…

2Cases cited3 opinions

  1. Cohen v. WalesAppellate Division of the Supreme Court of the State of New York · 1987
  2. Jonathan A. v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 2004
  3. Hayes v. BakerAppellate Division of the Supreme Court of the State of New York · 1996

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