Legal Opinion

Gioia v. State

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

Decided December 10, 1964No. Claim No. 36174PublishedCited by 9 opinions

1Opinion of the CourtGoldman, J.

This is the second time this case has been before this court. On the first occasion the State appealed from a judgment in favor of the claimant. By a divided court the judgment was reversed and a new trial granted (Gioia v. State of New York, 16 A D 2d 354). Upon retrial the Court of Claims Judge found “ that the suicide was the result of a reasoned and deliberate determination of a sane person” and dismissed the claim (38 Misc 2d 833, 836).

The facts recited in our earlier opinions will not be repeated here. We found that “ The evidence sustains the conclusion of the Court of Claims Judge…

2Cases cited7 opinions

  1. Martindale v. StateNew York Court of Appeals · 1935
  2. Santos v. Unity HospitalNew York Court of Appeals · 1950
  3. Franklin v. John Hancock Mutual Life InsuranceNew York Court of Appeals · 1948
  4. Hignite's Administratrix v. Louisville Neuropathic SanitoriumCourt of Appeals of Kentucky (pre-1976) · 1928
  5. Daley v. StateAppellate Division of the Supreme Court of the State of New York · 1948

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3Cited by9 opinions

  1. Wilson v. SponableAppellate Division of the Supreme Court of the State of New York · 1981
  2. Cohen v. State of NYAppellate Division of the Supreme Court of the State of New York · 1976
  3. People v. Hoats, New York County Courts1980
  4. Padula v. State of New YorkNew York Court of Appeals · 1979
  5. Anderson v. Commercial Travelers Mutual Accident Ass'nAppellate Division of the Supreme Court of the State of New York · 1979

4 more not listed; retrieve them via the Exa API.

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