Lapidus v. State
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Eng, J.
It has often been observed that the concept of proximate cause is an elusive one, incapable of being precisely defined to cover all situations. This appeal calls upon us to consider principles relating to both proximate cause and superseding causation in order to determine whether the State can be held liable for allegedly negligent acts committed by court employees in the course of performing their everyday, ministerial duties. The claimant alleges that these negligent acts caused her to be wrongfully adjudicated a second felony offender based upon a nonexistent…
2Cases cited28 opinions
- Palsgraf v. Long Island R.R. Co.New York Court of Appeals · 1928
- Derdiarian v. Felix Contracting Corp.New York Court of Appeals · 1980
- Pulka v. EdelmanNew York Court of Appeals · 1976
- Tango v. TulevechNew York Court of Appeals · 1983
- Kush v. City of BuffaloNew York Court of Appeals · 1983
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3Cited by23 opinions
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- Riccio v. Kid Fit, Inc.Appellate Division of the Supreme Court of the State of New York · 2015
- Flagstar Bank v. StateAppellate Division of the Supreme Court of the State of New York · 2013
- Peker v. SteglichCourt of Appeals for the Second Circuit · 2009
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