Legal Opinion
Martin v. State
Appellate Division of the Supreme Court of the State of New York
Decided April 5, 2007No. Claim No. 100426PublishedCited by 17 opinions
1Opinion of the Court
Crew III, J.E
Cross appeals from a judgment of the Court of Claims (Hard, J), entered December 14, 2005, upon a decision of the court following a bifurcated trial in favor of claimant.
Claimant, a prison inmate, most recently was incarcerated in 1990 for robbery and grand larceny. In April 1999, while serving 36 months in keeplock for drug use, claimant was attacked and assaulted by two inmates, one of whom possessed a steel shank, as he exercised in the “cage.” The assault lasted approximately three minutes, during which time claimant defended himself and rendered one of his assailants…
2Cases cited5 opinions
- Northern Westchester Professional Park Associates v. Town of BedfordNew York Court of Appeals · 1983
- Tatta v. StateAppellate Division of the Supreme Court of the State of New York · 2005
- Schieren v. StateAppellate Division of the Supreme Court of the State of New York · 2001
- Thompson v. HickeyAppellate Division of the Supreme Court of the State of New York · 2001
- Launders v. SteinbergAppellate Division of the Supreme Court of the State of New York · 2007
3Cited by17 opinions
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- State v. Industrial Site Services, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
- Seaman v. StateAppellate Division of the Supreme Court of the State of New York · 2007
- Jackson v. StateAppellate Division of the Supreme Court of the State of New York · 2008
- Levine v. New York State Thruway AuthorityAppellate Division of the Supreme Court of the State of New York · 2008
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