Dawn VV. v. State
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtKane, J.
Appeal from a judgment of the Court of Claims (Collins, J.), entered July 25, 2006, upon a decision of the court following a bifurcated trial in favor of defendant on the issue of liability.
Claimant, an autistic and mentally retarded woman, lives in a residential facility operated by defendant for individuals with developmental disabilities. In February 2004, a male resident at the facility sexually assaulted claimant. Nineteen days later, in March 2004, another sexual incident occurred between claimant and a different male resident. Neither of the men was prosecuted due to his diminished…
2Cases cited18 opinions
- Derdiarian v. Felix Contracting Corp.New York Court of Appeals · 1980
- In re Leon RRNew York Court of Appeals · 1979
- Di Ponzio v. RiordanNew York Court of Appeals · 1997
- N. X. v. Cabrini Medical CenterNew York Court of Appeals · 2002
- Scolavino v. StateNew York Court of Appeals · 1947
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3Cited by17 opinions
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- Gitman v. MartinezAppellate Division of the Supreme Court of the State of New York · 2016
- Caldwell v. StateAppellate Division of the Supreme Court of the State of New York · 2010
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