Legal Opinion

Muckova v. State

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

Decided February 1, 2013No. Claim No. 97318Published

1Opinion of the Court

*1188Appeal from a judgment of the Court of Claims (Philip J. Patti, J.), entered August 9, 2011. The judgment awarded claimant money damages after a trial.

It is hereby ordered that the judgment so appealed from is unanimously reversed on the law without costs and the amended claim is dismissed.

Memorandum: Claimant commenced this action seeking damages for injuries she sustained as a result of contracting tuberculosis during the autopsy of an inmate (decedent), allegedly owing to defendant’s negligence. Following trial, the Court of Claims awarded claimant $500,000. We agree with defendant that it…

2Cases cited7 opinions

  1. Ciesinski v. Town of AuroraAppellate Division of the Supreme Court of the State of New York · 1994
  2. Pulka v. EdelmanNew York Court of Appeals · 1976
  3. Pelaez v. SeideNew York Court of Appeals · 2004
  4. O'Connor v. City of New YorkNew York Court of Appeals · 1983
  5. Abraham v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2007

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