Legal Opinion

Ferrugia v. State

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

Decided March 20, 1997PublishedCited by 15 opinions

1Opinion of the CourtCardona, P. J.

Appeal from an order of the Court of Claims (Hanifin, J.), entered Janhary 26, 1996, which, inter alia, granted the State’s cross motion to dismiss the claim.

On September 4, 1993, claimant, a State prison inmate, allegedly injured his back while performing his duties as a porter by carrying trays of food up a flight of stairs. Claimant timely served a notice of intention to file a claim on November 24, 1993 asserting that although normally 10 people carried food trays, "[o]n this occasion, only three * * * porters were available and the load was very heavy”. On June 14, 1995, claimant filed…

2Cases cited3 opinions

  1. Heisler v. StateAppellate Division of the Supreme Court of the State of New York · 1980
  2. Epps v. StateAppellate Division of the Supreme Court of the State of New York · 1993
  3. Fontenelle v. StateAppellate Division of the Supreme Court of the State of New York · 1982

3Cited by15 opinions

  1. Sinski v. StateAppellate Division of the Supreme Court of the State of New York · 1999
  2. Langner v. StateAppellate Division of the Supreme Court of the State of New York · 2009
  3. Sega v. StateAppellate Division of the Supreme Court of the State of New York · 1998
  4. Rodriguez v. StateAppellate Division of the Supreme Court of the State of New York · 2004
  5. Cendales v. StateAppellate Division of the Supreme Court of the State of New York · 2003

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