Legal Opinion
Mottau v. State
New York Court of Claims
Decided October 10, 1997No. Claim No. 87991PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Thomas J. McNamara, J.
The claim arises from an incident on October 10, 1991 in which claimant was struck by a car on Oriskany Street in the City of Utica. Claimant was in Utica to voluntarily receive treatment at the McPike Alcohol Treatment Center. Early on the day of the accident, he left the treatment center and bought a bottle of vodka. After drinking a substantial portion of the vodka, he returned to McPike. When the staff determined that he had been drinking, he was given a breathalyzer test in which he registered a reading of 0.22%. He was told that he was being…
2Cases cited10 opinions
- Palsgraf v. Long Island R.R. Co.New York Court of Appeals · 1928
- Pulka v. EdelmanNew York Court of Appeals · 1976
- Purdy v. Public AdministratorNew York Court of Appeals · 1988
- Hirsh v. State of New YorkNew York Court of Appeals · 1960
- Cohen v. State of NYAppellate Division of the Supreme Court of the State of New York · 1976
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3Cited by1 opinion
- Kowalski v. St. Francis Hospital & Health CentersAppellate Division of the Supreme Court of the State of New York · 2012