Legal Opinion

Cucalon v. State

New York Court of Claims

Decided March 28, 1980No. Claim No. 61408PublishedCited by 4 opinions

1Opinion of the Court

OPINION OF THE COURT

Albert A. Blinder, J.

This is a motion by the claimant for summary judgment. The claim which was filed on September 6, 1977 seeks damages for the negligence of the Kingsboro psychiatric facility in failing to exercise reasonable care and diligence in safeguarding the claimant when she was an inpatient at the facility. The claim alleges that claimant was raped by an employee of the facility on December 15, 1976. The defendant filed an answer on December 16,1977. It pleads general denials.

This motion is brought under CPLR 3212. Subdivision (b) thereof provides that a motion…

2Cases cited6 opinions

  1. Andre v. PomeroyNew York Court of Appeals · 1974
  2. Mallad Construction Corp. v. County Federal Savings & Loan Ass'nNew York Court of Appeals · 1973
  3. Ehrlich v. American Moninger Greenhouse Manufacturing Corp.New York Court of Appeals · 1970
  4. Cornell v. StateNew York Court of Appeals · 1979
  5. Cornell v. StateAppellate Division of the Supreme Court of the State of New York · 1977

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3Cited by4 opinions

  1. Ford v. Civil Service Employees Ass'nAppellate Division of the Supreme Court of the State of New York · 1983
  2. Wood v. WoodNew York City Family Court · 1980
  3. Giangrasso v. Association for Help of Retarded ChildrenAppellate Division of the Supreme Court of the State of New York · 2002
  4. N. X. v. Cabrini Medical CenterAppellate Division of the Supreme Court of the State of New York · 2001

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