Legal Opinion

Ciafone v. Kenyatta

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

Decided December 19, 2005PublishedCited by 7 opinions

1Opinion of the Court

OPINION OF THE COURT

S. Miller, J.

Executive Law § 632-a, commonly known as the Son of Sam Law, broadly permits a crime victim to recover damages from his or her assailant. In this case, in 1974, the plaintiff Salvatore Ciafone (hereinafter the plaintiff), then a New York City Transit Authority police officer, was shot by the defendant, Ibn Kenyatta. In 2001, while incarcerated for his crimes, the defendant recovered more than $600,000 from a settlement of a medical malpractice action. The plaintiff was notified of this recovery and commenced this action as permitted by the Son of Sam Law. The…

2Cases cited23 opinions

  1. Kennedy v. Mendoza-MartinezSupreme Court of the United States · 1963
  2. Kansas v. HendricksSupreme Court of the United States · 1997
  3. Flemming v. NestorSupreme Court of the United States · 1960
  4. Romer v. EvansSupreme Court of the United States · 1996
  5. Smith v. DoeSupreme Court of the United States · 2003

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3Cited by7 opinions

  1. Dist. Attorney of N.Y. Cnty. v. Republic of the Phil.District Court, S.D. Illinois · 2018
  2. Krieger v. City of RochesterNew York Supreme Court · 2013
  3. People v. BradshawAppellate Division of the Supreme Court of the State of New York · 2022
  4. New York State Crime Victims Board v. WendellNew York Supreme Court · 2006
  5. Leon St. Clair Nation v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2009

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