Legal Opinion · Dissent
Werner v. State
Appellate Division of the Supreme Court of the State of New York
Decided December 23, 1980No. Claim No. 57226Published
1Dissent
Cardamone, J. P., and Callahan, J. (dissenting).
Claimant’s decedent was a State employee killed by State troopers during the retaking of Attica Correctional Facility on September 13, 1971. An award of compensation was made by the Workmen’s Compensation Board of New York on February 8, 1972 and claimant received payments for the period from September 13,1971 until her remarriage in 1975. The State now urges and the majority agree that the acceptance of the compensation award precludes claimant from pursuing a claim against the State for damages *874caused by an intentional battery that resulted in…
2Cases cited8 opinions
- Maines v. Cronomer Valley Fire Dept., Inc.New York Court of Appeals · 1980
- Jones v. State of New YorkNew York Court of Appeals · 1973
- DeCoigne v. Ludlum Steel Co.Appellate Division of the Supreme Court of the State of New York · 1937
- Claim of Martin v. C. A. Productions Co.New York Court of Appeals · 1960
- Le Pochat v. PendletonNew York Supreme Court · 1946
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