Silvera v. State
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In a claim to recover damages for personal injuries based on negligence in the supervision of an inmate in a state prison, the claimant appeals from a judgment of the Court of Claims (Scuccimarra, J.), dated December 4, 2001, which, after a nonjury trial, is in favor of the defendant and against him dismissing the claim.
Ordered that the judgment is affirmed, without costs or disbursements.
The weight of the evidence supports the view that another inmate may have initially blamed the claimant for two fires that occurred in that inmate’s cell in 1998. However, the claimant’s own testimony…
2Cases cited3 opinions
- Sanchez v. State of NYNew York Court of Appeals · 2002
- Flaherty v. State of New YorkNew York Court of Appeals · 1947
- Blake v. StateAppellate Division of the Supreme Court of the State of New York · 1999
3Cited by2 opinions
- Di Donato v. StateAppellate Division of the Supreme Court of the State of New York · 2006
- Levin v. StateAppellate Division of the Supreme Court of the State of New York · 2006