Legal Opinion

Duffen v. State

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

Decided December 4, 1997PublishedCited by 21 opinions

1Opinion of the CourtMercure, J.

Appeal from a judgment of the Court of Claims (Bell, J.), entered January 29, 1997, upon a decision of the court in favor of claimant.

Claimant, an inmate at a State correctional facility, commenced this action to recover for an ankle injury he allegedly sustained when he fell on the ground in the facility recreation yard. As relevant to this appeal, claimant’s theory of liability against the State is founded upon the prison personnel’s demonstrated delay in providing claimant with his prescribed medication, which claimant alleges caused him to become dizzy and fall. At trial, claimant called…

2Cases cited11 opinions

  1. Matott v. WardNew York Court of Appeals · 1979
  2. Claim of Miller v. National Cabinet Co.New York Court of Appeals · 1960
  3. Gross v. FriedmanNew York Court of Appeals · 1988
  4. Roundtree v. SinghAppellate Division of the Supreme Court of the State of New York · 1988
  5. In re the Estate of SladeAppellate Division of the Supreme Court of the State of New York · 1984

6 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Barnes v. AndersonCourt of Appeals for the Second Circuit · 1999
  2. Clark v. BascoAppellate Division of the Supreme Court of the State of New York · 2011
  3. Tatta v. StateAppellate Division of the Supreme Court of the State of New York · 2005
  4. Tatta v. StateAppellate Division of the Supreme Court of the State of New York · 2005
  5. Wood v. StateAppellate Division of the Supreme Court of the State of New York · 2007

16 more not listed; retrieve them via the Exa API.

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