Legal Opinion
Greenfield v. State
New York Court of Claims
Decided November 1, 1985No. Claim No. 66919PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Gerard M. Weisberg, J.
This case brings into perspective the competing interests faced by a State mental health facility. On the one hand, it has its obligation to provide treatment. (See, Youngberg v Romeo, 457 US 307; Excelsior Ins. Co. v State of New York, 296 NY 40, 44.) In doing so, it may not be cast in liability for erroneous medical judgment. (See, Taig v State of New York, 19 AD2d 182.) On the other hand, it has its obligation to the public as a landowner under the "reasonable care” rule. (Basso v Miller, 40 NY2d 233.) At times it may be difficult to balance these…
2Cases cited22 opinions
- Youngberg v. Romeo Ex Rel. RomeoSupreme Court of the United States · 1982
- Basso v. MillerNew York Court of Appeals · 1976
- Caldwell v. Village of Island ParkNew York Court of Appeals · 1952
- Scurti v. City of New YorkNew York Court of Appeals · 1976
- St. George v. StateAppellate Division of the Supreme Court of the State of New York · 1954
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3Cited by2 opinions
- Estevez v. United StatesDistrict Court, S.D. New York · 1999
- Whalen v. StateAppellate Division of the Supreme Court of the State of New York · 1989