Legal Opinion

Waxter v. State

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

Decided October 26, 2006No. Claim No. 102256PublishedCited by 15 opinions

1Opinion of the CourtCardona, P.J.

Appeal from an order of the Court of Claims (Hard, J.), entered February 17, 2005, which partially granted defendant’s motion for summary judgment dismissing the claim.

In April 1997, claimant was sexually assaulted by a correction officer while an inmate at Adirondack Correctional Facility in Essex County.1 In April 2000, claimant brought this claim setting forth various causes of action alleging, among other things, a violation of the right to be free from cruel and inhuman treatment, pursuant to NY Constitution, article I, § 5, and negligence with respect to the foregoing incident.…

2Cases cited8 opinions

  1. Brown v. State of New YorkNew York Court of Appeals · 1996
  2. Martinez v. City of SchenectadyNew York Court of Appeals · 2001
  3. Lyles v. State of NYNew York Court of Appeals · 2004
  4. Bullard v. StateAppellate Division of the Supreme Court of the State of New York · 2003
  5. Lyles v. StateAppellate Division of the Supreme Court of the State of New York · 2003

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3Cited by15 opinions

  1. Alwan v. City of N.Y.District Court, E.D. New York · 2018
  2. Nazario v. StateAppellate Division of the Supreme Court of the State of New York · 2010
  3. Ken Mar Development, Inc. v. Department of Public WorksAppellate Division of the Supreme Court of the State of New York · 2008
  4. Oppenheimer v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 2017
  5. Nazario v. StateNew York Court of Claims · 2009

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