Legal Opinion

Weber v. State

New York Court of Claims

Decided June 20, 1980No. Claim No. 62473PublishedCited by 5 opinions

1Opinion of the Court

*948OPINION OF THE COURT

Gerard M. Weisberg, J.

Claimant has moved to strike the affirmative defense of workers’ compensation (compensation). The claim seeks damages for conscious pain and suffering, wrongful death and funeral expenses and is predicated upon medical malpractice and breach of contract. It is alleged that on January 18, 1978, at approximately 7:45 a.m., claimant’s decedent suffered a heart attack at Manhattan State Hospital (Hospital)1 where he was employed, that there were inadequate facilities in the emergency room to give medical attention and aid such as would have saved…

2Cases cited7 opinions

  1. Garcia v. IsersonNew York Court of Appeals · 1974
  2. Volk v. City of New YorkNew York Court of Appeals · 1940
  3. Golini v. NachtigallNew York Court of Appeals · 1975
  4. Sivertsen v. StateNew York Court of Appeals · 1967
  5. Trans America Development Corp. v. LeonAppellate Division of the Supreme Court of the State of New York · 1951

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

3Cited by5 opinions

  1. Russell v. OrrMississippi Supreme Court · 1997
  2. Jack Hammer Associates, Inc. v. Delmy Productions, Inc.Appellate Division of the Supreme Court of the State of New York · 1986
  3. Linzee v. State of New YorkNew York Court of Claims · 1983
  4. Jennie Russell v. Edwin R. OrrMississippi Supreme Court · 1995
  5. Weber v. StateNew York Court of Claims · 1981

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