Legal Opinion

Bay Ridge Air Rights, Inc. v. State

New York Court of Appeals

Decided March 23, 1978No. Claim 59365PublishedCited by 83 opinions

1Opinion of the Court

OPINION OF THE COURT

Chief Judge Breitel.

Claimant building owner, defendant in a wrongful death action arising out of the killing of a tenant by the building custodian, brings an independent action against the State, in whose hospitals the custodian had received psychiatric care, for indemnification and apportionment of damages if they should eventuate. The Court of Claims dismissed the claim for untimeliness (see Court of Claims Act, § 10). A unanimous Appellate Division, holding that the claim was premature, modified the dismissal to be without prejudice to the filing of a new notice of…

2Cases cited12 opinions

  1. Dole v. Dow Chemical Co.New York Court of Appeals · 1972
  2. Becker v. Huss Co.New York Court of Appeals · 1978
  3. Musco v. ConteAppellate Division of the Supreme Court of the State of New York · 1964
  4. Valstrey Service Corp. v. Board of ElectionsNew York Court of Appeals · 1957
  5. Hard v. . MingleNew York Court of Appeals · 1912

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3Cited by83 opinions

  1. McDermott v. City of New YorkNew York Court of Appeals · 1980
  2. Mid-Hudson Catskill Rural Migrant Ministry, Inc., Plaintiff-Appellant-Cross-Appellee v. Fine Host Corporation, Defendant-Appellee-Cross-AppellantCourt of Appeals for the Second Circuit · 2005
  3. Pennsylvania General Insurance v. Austin Powder Co.New York Court of Appeals · 1986
  4. North Star Reinsurance Corp. v. Continental InsuranceNew York Court of Appeals · 1993
  5. Roldan v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 1989

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