Legal Opinion

Vasquez v. State

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

Decided December 10, 2009PublishedCited by 18 opinions

1Opinion of the CourtPeters, J.

In January 2000, while an inmate at the Ogdensburg Correctional Facility in St. Lawrence County, claimant was assaulted by three other inmates in a bathroom located within the recreation yard of this medium security facility. This negligence action against defendant ensued, with claimant alleging, among other things, failure to provide adequate supervision and protection from the inmate assault. Following a bifurcated trial on the issue of liability, the Court of Claims dismissed the claim. Claimant now appeals, and we affirm.

It is well settled that defendant owes a duty of care to protect…

2Cases cited6 opinions

  1. Sanchez v. State of NYNew York Court of Appeals · 2002
  2. Sawyer v. Dreis & Krump Manufacturing Co.New York Court of Appeals · 1986
  3. Smith v. County of AlbanyAppellate Division of the Supreme Court of the State of New York · 2004
  4. Bostic v. StateAppellate Division of the Supreme Court of the State of New York · 1996
  5. Sanchez v. StateAppellate Division of the Supreme Court of the State of New York · 2007

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3Cited by18 opinions

  1. Brown v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2012
  2. Barnette v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2012
  3. Campbell v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 2020
  4. Wassmann v. County of UlsterAppellate Division of the Supreme Court of the State of New York · 2016
  5. ANDERSON, ERIC v. STATE OF NEW YORKAppellate Division of the Supreme Court of the State of New York · 2015

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