Legal Opinion

Harris v. State

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

Decided May 27, 1986PublishedCited by 9 opinions

1Opinion of the Court

OPINION OF THE COURT

Kunzeman, J.

The issue presented by these appeals is whether the State may be held directly liable for injuries sustained by Adrienne D., a mentally disabled individual, while a resident of a State-certified family care home in which she had been placed by the State pursuant to Mental Hygiene Law article 31. Her injuries were sustained when she suffered an epileptic seizure in a locked bathroom in the home. Under the circumstances of this case, we conclude that direct liability was properly imposed upon the State and thus, affirm the modified judgment of the Court of Claims.

2Cases cited22 opinions

  1. Palsgraf v. Long Island R.R. Co.New York Court of Appeals · 1928
  2. Derdiarian v. Felix Contracting Corp.New York Court of Appeals · 1980
  3. Nallan v. Helmsley-Spear, Inc.New York Court of Appeals · 1980
  4. Flaherty v. State of New YorkNew York Court of Appeals · 1947
  5. Excelsior Ins. Co. of N.Y. v. State of New YorkNew York Court of Appeals · 1946

17 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Dawn VV. v. StateAppellate Division of the Supreme Court of the State of New York · 2008
  2. Minella v. AmhreinAppellate Division of the Supreme Court of the State of New York · 1987
  3. Prasad v. County of OrangeNew York Supreme Court · 1993
  4. Sinkler v. County of MonroeAppellate Division of the Supreme Court of the State of New York · 1987
  5. In re LevitasAppellate Division of the Supreme Court of the State of New York · 1992

4 more not listed; retrieve them via the Exa API.

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