Legal Opinion
Padgett v. State
Appellate Division of the Supreme Court of the State of New York
Decided July 13, 1990PublishedCited by 23 opinions
1Opinion of the Court
Order unanimously affirmed without costs. Memorandum: The Court of Claims correctly granted summary judgment in the State’s favor, dismissing this claim for damages suffered as the result of an unprovoked attack by a fellow inmate within a cellblock. The State is not an insurer of inmate safety; its duty is to exercise reasonable care to prevent foreseeable attacks by other inmates (see, Sebastiano v State of New York, 112 AD2d 562, 564; see also, Kemp v Waldron, 115 AD2d 869). Claimant failed to submit evidentiary material sufficient to raise a triable issue of fact on the issue of…
2Cases cited3 opinions
- Kemp v. WaldronAppellate Division of the Supreme Court of the State of New York · 1985
- Sebastiano v. StateAppellate Division of the Supreme Court of the State of New York · 1985
- Mobley v. StateAppellate Division of the Supreme Court of the State of New York · 1955
3Cited by23 opinions
- Butler Ex Rel. Biller v. BayerNevada Supreme Court · 2007
- Colon v. StateAppellate Division of the Supreme Court of the State of New York · 1994
- Auger v. StateAppellate Division of the Supreme Court of the State of New York · 1999
- Stanley v. StateAppellate Division of the Supreme Court of the State of New York · 1997
- Martinez v. Wegmans Food Markets, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
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