Legal Opinion

Rivera v. New York City Health & Hospitals Corp.

District Court, S.D. New York

Decided March 26, 2002No. 00 Civ. 5279(DC), 01 Civ. 2838(DC)PublishedCited by 17 opinions

1Opinion of the Court

OPINION

CHIN, District Judge.

On April 28, 1999, at the 51st Street Lexington Avenue subway station, Julio Perez pushed plaintiff Edgar Rivera onto the subway tracks in front of an oncoming train. Rivera lost both legs. Perez was homeless and mentally ill; at the time he was receiving medical care or other assistance from three medical facilities and two homeless shelters.

In these cases, Rivera and his common-law wife, Elizabeth Pacheco, sue the health care providers and homeless shelters for Rivera’s personal injuries and other losses, contending that defendants were negligent in failing to…

2Cases cited42 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. United States v. GaubertSupreme Court of the United States · 1991
  3. Tarasoff v. Regents of University of CaliforniaCalifornia Supreme Court · 1976
  4. Pulka v. EdelmanNew York Court of Appeals · 1976
  5. Eugene T. King, Jr. v. John R. Simpson, Eastern Regional Commissioner, United States Parole CommissionCourt of Appeals for the Second Circuit · 1999

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3Cited by17 opinions

  1. Fox v. MarshallAppellate Division of the Supreme Court of the State of New York · 2011
  2. Saint-Guillen v. United StatesDistrict Court, E.D. New York · 2009
  3. Ben v. United StatesDistrict Court, N.D. New York · 2016
  4. Cerbelli v. City of New YorkDistrict Court, E.D. New York · 2009
  5. Doe v. LangerAppellate Division of the Supreme Court of the State of New York · 2022

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