Legal Opinion

Melendez v. State

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

Decided May 10, 2001PublishedCited by 2 opinions

1Opinion of the Court

—Rose, J.

Appeal from a judgment of the Court of Claims (Hanifin, J.), entered May 11, 1999, upon a decision of the court following a bifurcated trial in favor of the State on the issue of liability.

While standing in the courtyard of Southport Correctional Facility in Chemung County, claimant was injured on the evening of October 2, 1995, after dark, when he was struck by one of a rapid series of .22 caliber bullets fired at the facility’s water tower by teenagers in a wooded area approximately one-half mile away. Claimant brought this action against the State for damages based, inter alia, on…

2Cases cited11 opinions

  1. Nallan v. Helmsley-Spear, Inc.New York Court of Appeals · 1980
  2. Ernest v. Red Creek Central School DistrictNew York Court of Appeals · 1999
  3. Mesick v. StateAppellate Division of the Supreme Court of the State of New York · 1986
  4. Provenzano v. Roslyn Gardens Tenants Corp.Appellate Division of the Supreme Court of the State of New York · 1993
  5. Colon v. StateAppellate Division of the Supreme Court of the State of New York · 1994

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3Cited by2 opinions

  1. Smith v. United StatesDistrict Court, S.D. New York · 2002
  2. Reid v. StateAppellate Division of the Supreme Court of the State of New York · 2009

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