Legal Opinion

Young v. State

New York Court of Claims

Decided January 5, 1978No. Claim No. 60554PublishedCited by 15 opinions

1Opinion of the Court

OPINION OF THE COURT

Gerard M. Weisberg, J.

The claimant has moved to strike various affirmative defenses in the defendant’s answer, pursuant to CPLR 3211 (subd [b]). The motion raises several important issues regarding the rights of incompetents.

The claimant, Francis J. Young, is the committee of Anna Brown, a judicially declared incompetent. The claim is for personal injuries to the incompetent sustained while she was a patient at Hudson River State Hospital, Poughkeepsie, New York. The theory of the case is that the State of New York (State) was negligent in allowing Anna Brown to slip and…

2Cases cited27 opinions

  1. Murphy v. . Village of Fort EdwardNew York Court of Appeals · 1915
  2. Russo v. City of New YorkNew York Court of Appeals · 1932
  3. Burgundy Basin Inn, Ltd. v. Watkins Glen Grand Prix Corp.Appellate Division of the Supreme Court of the State of New York · 1976
  4. DeMartini v. Alexander Sanitarium, Inc.California Court of Appeal · 1961
  5. Bommarito v. StateAppellate Division of the Supreme Court of the State of New York · 1971

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3Cited by15 opinions

  1. Birkner v. Salt Lake CountyUtah Supreme Court · 1989
  2. Genoa M. White v. United StatesCourt of Appeals for the D.C. Circuit · 1986
  3. Sahf v. Lake Havasu City Ass'n for the Retarded & HandicappedCourt of Appeals of Arizona · 1986
  4. Wheeler v. StateAppellate Division of the Supreme Court of the State of New York · 1984
  5. Cowan v. DoeringNew Jersey Superior Court Appellate Division · 1987

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

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