Legal Opinion
Di Donato v. State
Appellate Division of the Supreme Court of the State of New York
Decided January 19, 2006PublishedCited by 5 opinions
1Opinion of the CourtSpain, J.
Appeal from a judgment of the Court of Claims (Lebous, J.), entered July 19, 2004, upon a decision of the court following a bifurcated trial in favor of defendant on the issue of liability.
In this negligence action, claimant asserts that injuries he sustained at the Elmira Correctional Facility in Chemung County (hereinafter Elmira) at the hands of another inmate were the result of defendant’s failure to provide adequate protection while he was incarcerated. After a bifurcated trial on the issue of liability, the Court of Claims dismissed the claim. On claimant’s appeal, we affirm.
“Having…
2Cases cited4 opinions
- Sanchez v. State of NYNew York Court of Appeals · 2002
- Butler v. New York State Olympic Regional Development AuthorityAppellate Division of the Supreme Court of the State of New York · 2003
- Elnandes v. StateAppellate Division of the Supreme Court of the State of New York · 2004
- Silvera v. StateAppellate Division of the Supreme Court of the State of New York · 2003
3Cited by5 opinions
- DESKOVIC v. City of PeekskillDistrict Court, S.D. New York · 2009
- Vasquez v. StateAppellate Division of the Supreme Court of the State of New York · 2009
- Sanchez v. StateAppellate Division of the Supreme Court of the State of New York · 2007
- White v. StateAppellate Division of the Supreme Court of the State of New York · 2007
- N.M. v. State of New YorkNew York Court of Claims · 2025