Legal Opinion
Sivertsen v. State
New York Court of Appeals
Decided February 23, 1967No. Claim No. 39986PublishedCited by 11 opinions
1Opinion of the Court
Order of Appellate Division reversed, with costs, and matter remitted to that court for determination of the questions of fact. Under the rule in Volk v. City of New York (284 N. Y. 279) claimants were entitled to make their claims based on common-law negligence (see, also, Robison v. State of New York, 263 App. Div. 240, 266 App. Div. 1054, affd. 292 N. Y. 631).
Concur: Judges Van Voorhis, Bergak, Keating and Breitel. Chief Judge Fuld dissents and votes to affirm in the following opinion in which Judges Burke and Scileppi concur.
2Cases cited3 opinions
- Volk v. City of New YorkNew York Court of Appeals · 1940
- Robison v. StateAppellate Division of the Supreme Court of the State of New York · 1942
- Robison v. StateNew York Court of Appeals · 1944
3Cited by11 opinions
- Suburban Hospital, Inc. v. KirsonCourt of Appeals of Maryland · 2000
- Albert Roloff v. Arabian American Oil CompanyCourt of Appeals for the Second Circuit · 1970
- Firestein v. Kingsbrook Jewish Medical CenterAppellate Division of the Supreme Court of the State of New York · 1988
- Stevens v. County of NassauAppellate Division of the Supreme Court of the State of New York · 1977
- Weber v. StateNew York Court of Claims · 1980
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