Villar v. County of Erie
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal from an order of the Supreme Court, Erie County (Shirley Troutman, J.), entered April 3, 2013. The order granted the motion of defendant to dismiss the complaint.
It is hereby ordered that the order so appealed from is unanimously modified on the law by denying defendant’s motion in part and reinstating the complaint insofar as the first cause of action alleges that defendant breached its duty to protect plaintiff from foreseeable harm caused to him by other inmates at the Erie County Correctional Facility, and as modified the order is affirmed without costs.
Memorandum: Plaintiff…
2Cases cited11 opinions
- Clark-Fitzpatrick, Inc. v. Long Island Rail RoadNew York Court of Appeals · 1987
- Sanchez v. State of NYNew York Court of Appeals · 2002
- Barr v. County of AlbanyNew York Court of Appeals · 1980
- Mosey v. County of ErieAppellate Division of the Supreme Court of the State of New York · 2014
- Marashian v. City of UticaAppellate Division of the Supreme Court of the State of New York · 1995
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3Cited by16 opinions
- Johanson v. County of ErieAppellate Division of the Supreme Court of the State of New York · 2015
- Jones v. Seneca CountyAppellate Division of the Supreme Court of the State of New York · 2017
- Avant v. County of ErieDistrict Court, W.D. New York · 2024
- Ball v. HowardDistrict Court, W.D. New York · 2021
- Baumeister v. GarciaDistrict Court, W.D. New York · 2024
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