Gioia v. State
Appellate Division of the Supreme Court of the State of New York
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
- Martindale v. StateNew York Court of Appeals · 1935
- Santos v. Unity HospitalNew York Court of Appeals · 1950
- Franklin v. John Hancock Mutual Life InsuranceNew York Court of Appeals · 1948
- Hignite's Administratrix v. Louisville Neuropathic SanitoriumCourt of Appeals of Kentucky (pre-1976) · 1928
- Daley v. StateAppellate Division of the Supreme Court of the State of New York · 1948
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3Cited by9 opinions
- Wilson v. SponableAppellate Division of the Supreme Court of the State of New York · 1981
- Cohen v. State of NYAppellate Division of the Supreme Court of the State of New York · 1976
- People v. Hoats, New York County Courts1980
- Padula v. State of New YorkNew York Court of Appeals · 1979
- 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.