Kulaga v. State of New York
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtCardamons, J.
Claimants appeal from a judgment dismissing their claims for damages resulting* from an assault upon them by an escaped convict. The Trial Judge held that the State was negligent in its supervision of Moseley, a convicted murderer whose vicious and remorseless character was known to the authorities and whose confinement was not merely for punishment but also for the protection of society.
We are asked to conclude, as the trial court did, that claimants are barred from recovering damages against the State upon the ground that claimants assumed the risk and were guilty of con-*59tributary…
2Cases cited8 opinions
- Palsgraf v. Long Island R.R. Co.New York Court of Appeals · 1928
- Kinderavich v. PalmerSupreme Court of Connecticut · 1940
- McEvoy v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1943
- Clark v. TraverAppellate Division of the Supreme Court of the State of New York · 1923
- McEvoy v. City of New YorkNew York Court of Appeals · 1944
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3Cited by9 opinions
- Parochial Bus Systems, Inc. v. Board of EducationNew York Court of Appeals · 1983
- Kane v. United StatesDistrict Court, S.D. New York · 2002
- Ferro v. BersaniAppellate Division of the Supreme Court of the State of New York · 1980
- Goodman v. Vizsla Club of America, Inc.Appellate Division of the Supreme Court of the State of New York · 1979
- Januszko v. StateAppellate Division of the Supreme Court of the State of New York · 1978
4 more not listed; retrieve them via the Exa API.