Legal Opinion

Perkins v. McGrain

Appellate Division of the Supreme Court of the State of New York

Decided December 5, 2013PublishedCited by 3 opinions

1Opinion of the CourtGarry, J.

Appeal from an order of the Supreme Court (Reynolds Fitzgerald, J.), entered December 26, 2012 in Chemung County, which granted defendants’ motion to dismiss the complaint.

In December 2011, plaintiff, an inmate in the custody of the Department of Corrections and Community Supervision, commenced this action pursuant to 42 USC § 1983 against defendants, all Department employees, claiming that they negligently and/or intentionally deprived him of his personal property.* Thereafter, defendants, among other things, moved to dismiss the complaint for failure to state a valid claim for relief under…

2Cases cited5 opinions

  1. Hudson v. PalmerSupreme Court of the United States · 1984
  2. Haywood v. DrownSupreme Court of the United States · 2009
  3. Bellezza v. HollandDistrict Court, S.D. New York · 2010
  4. Corvetti v. Town of Lake PleasantAppellate Division of the Supreme Court of the State of New York · 1996
  5. Carrington v. MooreAppellate Division of the Supreme Court of the State of New York · 2013

3Cited by3 opinions

  1. In re Your Place, LLCAppellate Division of the Supreme Court of the State of New York · 2014
  2. In re Your Place, LLCAppellate Division of the Supreme Court of the State of New York · 2014
  3. YourPlace,LLCvCityofTroyAppellate Division of the Supreme Court of the State of New York · 2014

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