Legal Opinion

Leibach v. State

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

Decided May 18, 1995PublishedCited by 4 opinions

1Opinion of the Court

Spain, J. Appeal from a judgment in favor of the State, entered February 4, 1994, upon a decision of the Court of Claims (NeMoyer, J.).

Claimant, an inmate at Greene Correctional Facility, a medium security facility in Greene County, sustained severe injuries when he was assaulted by a fellow inmate, Joseph Hann. The attack was witnessed by another inmate, Paul *979Helmer. Prior to the attack, claimant and Hann were close friends and, along with Helmer, had excellent disciplinary records. Claimant had no notice or warning of the assault and Hann had no record of violent propensities. The attack…

2Cases cited7 opinions

  1. Flaherty v. State of New YorkNew York Court of Appeals · 1947
  2. Hirsh v. State of New YorkNew York Court of Appeals · 1960
  3. Colon v. StateAppellate Division of the Supreme Court of the State of New York · 1994
  4. Padgett v. StateAppellate Division of the Supreme Court of the State of New York · 1990
  5. Kemp v. WaldronAppellate Division of the Supreme Court of the State of New York · 1985

2 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Martin v. City of New YorkDistrict Court, E.D. New York · 2011
  2. Marshall v. United StatesDistrict Court, S.D. New York · 2003
  3. Melendez v. StateAppellate Division of the Supreme Court of the State of New York · 2001
  4. Reid v. StateAppellate Division of the Supreme Court of the State of New York · 2009

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