Legal Opinion
Cornell v. State
New York Court of Appeals
Decided March 29, 1979No. Claim 54482PublishedCited by 44 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order appealed from should be affirmed, without costs. The dispositive question on this appeal is whether the State should be held vicariously liable for intentional torts committed by its employees outside the scope of their employment on the basis of a purported special protective duty owed the victim by the State. At the age of 14, while a patient in a State mental health facility, plaintiff was homosexually raped by a male attendant. He now seeks to recover damages from the State.
In the absence of any negligent behavior by an employer, liability for acts…
2Cases cited5 opinions
- Stewart v. . Brooklyn and Crosstown R.R. Co.New York Court of Appeals · 1882
- De Wolf v. . FordNew York Court of Appeals · 1908
- Sauter v. New York Tribune, Inc.New York Court of Appeals · 1953
- Stone v. William M. Eisen Co.New York Court of Appeals · 1916
- Foster v. StateNew York Court of Claims · 1968
3Cited by44 opinions
- Carole Tomka v. The Seiler Corporation, Daniel Lucey, David Polonsky and Timothy ConroyCourt of Appeals for the Second Circuit · 1995
- Kenneth R. v. Roman Catholic DioceseAppellate Division of the Supreme Court of the State of New York · 1997
- N. X. v. Cabrini Medical CenterNew York Court of Appeals · 2002
- Lisa J. Girden v. Sandals International, David Titus, Sandals Group, Sandals Antigua, Andrew E. Holm, Ltd., and Dickenson Bay Hotel ManagementCourt of Appeals for the Second Circuit · 2001
- Adams v. New York City Transit AuthorityNew York Court of Appeals · 1996
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