Legal Opinion
McFadden v. State of New York
Appellate Division of the Supreme Court of the State of New York
Decided April 7, 2016No. 516028PublishedCited by 4 opinions
1Opinion of the CourtDevine, J.
Appeal from an order of the Court of Claims (Milano, J.), entered December 12, 2012, which denied claimant’s motion for partial summary judgment.
Claimant, an inmate, commenced this action contending that correction officers used excessive force and assaulted him in three successive incidents that occurred during a single day. He further asserts that defendant thereafter failed to provide him with appropriate medical care. He moved for partial summary judgment on the issue of liability. The Court of Claims denied the motion and claimant appeals.
We affirm. “Summary judgment is a drastic remedy,…
2Cases cited7 opinions
- Vega v. Restani Construction Corp.New York Court of Appeals · 2012
- Barrett v. WatkinsAppellate Division of the Supreme Court of the State of New York · 2011
- Tatta v. StateAppellate Division of the Supreme Court of the State of New York · 2005
- Lacasse v. SorbelloAppellate Division of the Supreme Court of the State of New York · 2014
- Trottie v. StateAppellate Division of the Supreme Court of the State of New York · 2007
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Ficel Transp., Inc. v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 2022
- Lemieux v. HornAppellate Division of the Supreme Court of the State of New York · 2022
- McFadden v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 2021
- Smero v. City of Saratoga SpringsAppellate Division of the Supreme Court of the State of New York · 2018