Legal Opinion
Smith v. State
Appellate Division of the Supreme Court of the State of New York
Decided January 21, 1983No. Claim No. 54561-APublishedCited by 4 opinions
1Opinion of the Court
— Order reversed, without costs, motion granted, and claim dismissed. All concur, Simons, J. P., not participating. Memorandum: The State of New York appeals from an order of the Court of Claims denying its motion for summary judgment (CPLR 3212). The State argues that this action at law by claimant — a former correction officer in the employ of the State — for injuries allegedly intentionally inflicted on him by State employees during the “Attica uprising”, is barred by claimant’s acceptance of workers’ compensation benefits. Shortly after claimant was injured, the State as employer filed a…
2Cases cited6 opinions
- Werner v. State of New YorkNew York Court of Appeals · 1981
- Jones v. State of New YorkNew York Court of Appeals · 1973
- O'Connor v. MidiriaNew York Court of Appeals · 1982
- Doca v. Federal Stevedoring Co.New York Court of Appeals · 1953
- Claim of Doca v. Federal Stevedoring Co.New York Court of Appeals · 1954
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Prave v. StateAppellate Division of the Supreme Court of the State of New York · 1983
- Smith v. StateNew York Court of Appeals · 1983
- Kerr v. John B. Pike & Son, Inc.Appellate Division of the Supreme Court of the State of New York · 1985
- United Environmental Workers v. Buffalo Sewer AuthorityNew York Supreme Court · 1985