Legal Opinion

Kubas v. State

New York Court of Claims

Decided October 10, 1949No. Claim No. 28434PublishedCited by 7 opinions

1Opinion of the CourtLambiase, J.

On December 2, 1946, claimant’s intestate, Stanley Kubas, an inmate of the Utica State Hospital, located at Utica, New York, while temporarily away from said institution, obtained a quantity of oil of wintergreen and went into a theatre in the city of Amsterdam, New York, where he swallowed the same, from the effects of which he died the same day. Thereafter claimant filed this claim to recover “ for damages arising out of and resulting from the negligence of the State of New York, its officers, agents, servants, and employees * * * in permitting claimant’s deceased intestate, Stanislaus…

2Cases cited7 opinions

  1. Palsgraf v. Long Island R.R. Co.New York Court of Appeals · 1928
  2. Flaherty v. State of New YorkNew York Court of Appeals · 1947
  3. Excelsior Ins. Co. of N.Y. v. State of New YorkNew York Court of Appeals · 1946
  4. Lane v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1931
  5. Calabria v. StateNew York Court of Appeals · 1942

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3Cited by7 opinions

  1. Gregory v. RobinsonSupreme Court of Missouri · 1960
  2. Fahey v. United StatesDistrict Court, S.D. New York · 1957
  3. SLOAN v. Edgewood Sanatorium, Inc.Supreme Court of South Carolina · 1954
  4. Williams v. StateAppellate Division of the Supreme Court of the State of New York · 1968
  5. Weglarz v. StateAppellate Division of the Supreme Court of the State of New York · 1968

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

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