Legal Opinion

Avila v. State

New York Court of Claims

Decided January 8, 2013No. Claim No. 121389Published

1Opinion of the Court

OPINION OF THE COURT

Richard E. Sise, J.

*1066This claim is based on allegations that the State of New York was negligent in connection with its placement of the infant claimant, David Avila, in a foster residence located in Valley Stream, NY The claim alleges that defendant was negligent in connection with its operation, supervision and control of the facility, with its screening and training of staff members, and in placement of individuals with a propensity toward violence in the residence. The action accrued on March 2, 2012, when the infant claimant was pushed down a staircase by another…

2Cases cited23 opinions

  1. Gomez v. ToledoSupreme Court of the United States · 1980
  2. Guggenheimer v. GinzburgNew York Court of Appeals · 1977
  3. Miller v. State of New YorkNew York Court of Appeals · 1984
  4. McLean v. City of New YorkNew York Court of Appeals · 2009
  5. Sokoloff v. Harriman Estates Development Corp.New York Court of Appeals · 2001

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