Legal Opinion

Mullally v. State

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

Decided December 10, 2001PublishedCited by 3 opinions

1Opinion of the Court

In a claim to recover damages for medical malpractice, the claimant appeals from a judgment of the Court of Claims (Ruderman, J.), dated April 19, 2000, which, after a nonjury trial, dismissed her claim.

Ordered that on the Court’s own motion, the claimant’s notice of appeal from a decision of the same court dated March 23, 2000, is deemed a premature notice of appeal from the judgment (see, CPLR 5520 [c]); and it is further,

Ordered that the judgment is affirmed, with costs.

The well-settled law is that the State owes a duty to its incarcerated citizens to provide them with adequate medical…

2Cases cited6 opinions

  1. Northern Westchester Professional Park Associates v. Town of BedfordNew York Court of Appeals · 1983
  2. Koester v. StateAppellate Division of the Supreme Court of the State of New York · 1982
  3. Kagan v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 1996
  4. Diaz v. StateAppellate Division of the Supreme Court of the State of New York · 1998
  5. Kaminsky v. StateAppellate Division of the Supreme Court of the State of New York · 1999

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3Cited by3 opinions

  1. Levin v. StateAppellate Division of the Supreme Court of the State of New York · 2006
  2. Adeleke v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 2017
  3. Rivera v. StateAppellate Division of the Supreme Court of the State of New York · 2006

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