Eiseman v. State
New York Court of Appeals
1Opinion of the Court
*180OPINION OF THE COURT
Kaye, J.
This appeal from a negligence award focuses on the duty of the State, when an ex-felon with a history of drug abuse and criminal conduct, upon release from prison, is accepted into a special State college program for the disadvantaged, and thereafter rapes and murders a fellow student. We conclude that the State’s alleged negligence involved no breach of duty owed to decedent, and the award to her estate must therefore be overturned.
Facts
Charged in three indictments with attempted murder, attempted assault, robbery, larceny, and criminal possession of weapons and…
2Cases cited18 opinions
- Palsgraf v. Long Island R.R. Co.New York Court of Appeals · 1928
- Ultramares Corp. v. ToucheNew York Court of Appeals · 1931
- Glanzer v. . ShepardNew York Court of Appeals · 1922
- Turcotte v. FellNew York Court of Appeals · 1986
- H. R. Moch Co. v. Rensselaer Water Co.New York Court of Appeals · 1928
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3Cited by226 opinions
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- Kimmell v. SchaeferNew York Court of Appeals · 1996
- Hamilton v. Beretta U.S.A. Corp.New York Court of Appeals · 2001
- Hydro Investors, Inc. v. Trafalgar Power Inc.Court of Appeals for the Second Circuit · 2000
- Anschutz Corp. v. Merrill Lynch & Co.Court of Appeals for the Second Circuit · 2012
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