Legal Opinion

Tatta v. State

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

Decided June 16, 2005PublishedCited by 18 opinions

1Opinion of the CourtPeters, J.

Appeal from a judgment of the Court of Claims *818(Lack, J.), entered January 27, 2004, which granted defendant’s motion to dismiss the claim.

Claimant, an inmate at a state correctional facility, was receiving treatment for serious medical conditions. As a side effect, he experienced an intermittent loss of appetite. To compensate for a potential nutritional loss, defendant prescribed a supplement called Ensure and instructed claimant to take it three times a day. Although Ensure is available to the general public without a prescription, defendant only distributes this supplement to its inmates…

2Cases cited5 opinions

  1. Farmer v. BrennanSupreme Court of the United States · 1994
  2. Duffen v. StateAppellate Division of the Supreme Court of the State of New York · 1997
  3. Martin v. Wilson Memorial Hospital, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
  4. Henry v. Cobleskill-Richmondville Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2004
  5. Wells v. StateAppellate Division of the Supreme Court of the State of New York · 1996

3Cited by18 opinions

  1. People ex rel. Carroll v. KeyserAppellate Division of the Supreme Court of the State of New York · 2020
  2. Wood v. StateAppellate Division of the Supreme Court of the State of New York · 2007
  3. Andrews v. County of CayugaAppellate Division of the Supreme Court of the State of New York · 2012
  4. Trottie v. StateAppellate Division of the Supreme Court of the State of New York · 2007
  5. Knight v. StateAppellate Division of the Supreme Court of the State of New York · 2015

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