Legal Opinion

Pay v. State

New York Court of Appeals

Decided March 28, 1996No. Appeal No. 1PublishedCited by 22 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division insofar as appealed from should be reversed, with costs, and the case remitted to the Court of Claims for further proceedings in accordance with this memorandum.

This is a personal injury action on behalf of infant Sherilynn Kirisits, who in August of 1975 was in útero when her mother, Sheryl Kirisits, was involved in an automobile accident on a State highway. Sheryl Kirisits spent the next several months in a coma and died the day after giving birth. The State was found to have negligently maintained a guardrail, causing her…

2Cases cited3 opinions

  1. Love v. State of New YorkNew York Court of Appeals · 1991
  2. Rohring v. City of Niagara FallsNew York Court of Appeals · 1994
  3. Milbrandt v. A.P. Green Refractories Co.New York Court of Appeals · 1992

3Cited by22 opinions

  1. Flaherty v. FrombergAppellate Division of the Supreme Court of the State of New York · 2007
  2. Van Nostrand v. FroehlichAppellate Division of the Supreme Court of the State of New York · 2007
  3. Karney v. Arnot-Ogden Memorial HospitalAppellate Division of the Supreme Court of the State of New York · 1998
  4. Bermeo v. Yucel AtakentAppellate Division of the Supreme Court of the State of New York · 1998
  5. Nevarez v. New York City Health & Hospitals Co.Appellate Division of the Supreme Court of the State of New York · 1998

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