Clark v. State
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal from a judgment of the Court of Claims (Rossetti, J.), entered July 28,1982, which dismissed the claim. The issue to be resolved on this appeal is whether the State may be held liable for injuries sustained by claimant resulting from an attack with a knife by one John Lynch, then an out-patient at the Capital District Psychiatric Center (CDPC), a State-operated facility. The general rule is that, under such circumstances, the State may not be held liable for errors in medical judgment by psychiatrists in the employ of the State if such judgment, even though erroneous, is exercised…
2Cases cited10 opinions
- St. George v. StateAppellate Division of the Supreme Court of the State of New York · 1954
- Bell v. New York City Health & Hospital Corp.Appellate Division of the Supreme Court of the State of New York · 1982
- St. George v. StateNew York Court of Appeals · 1954
- Taig v. StateAppellate Division of the Supreme Court of the State of New York · 1963
- Cohen v. State of NYAppellate Division of the Supreme Court of the State of New York · 1976
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3Cited by8 opinions
- Fox v. MarshallAppellate Division of the Supreme Court of the State of New York · 2011
- Engelhart v. County of OrangeAppellate Division of the Supreme Court of the State of New York · 2005
- Amadon v. StateAppellate Division of the Supreme Court of the State of New York · 1992
- Smith v. Fishkill Health-Related Center, Inc.Appellate Division of the Supreme Court of the State of New York · 1991
- O'Shea v. United StatesDistrict Court, E.D. New York · 1985
3 more not listed; retrieve them via the Exa API.