Legal Opinion
Abascal v. State
Appellate Division of the Supreme Court of the State of New York
Decided March 16, 2012No. Claim No. 113160PublishedCited by 5 opinions
1Opinion of the Court
Appeal from a judgment of the Court of Claims (Norman I. *1217Siegel, J.), dated January 20, 2011. The judgment dismissed the claim after trial.
It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.
Memorandum: Claimant commenced this action seeking damages for injuries he allegedly sustained as a result of a prostate examination performed at the correctional facility where he was incarcerated. Contrary to the contention of claimant, the Court of Claims properly dismissed his claim based on his failure to present expert medical evidence. Claimant, “like any…
2Cases cited7 opinions
- Weiner v. Lenox Hill HospitalNew York Court of Appeals · 1996
- Mosberg v. ElahiNew York Court of Appeals · 1992
- Bazakos v. LewisNew York Court of Appeals · 2009
- Tatta v. StateAppellate Division of the Supreme Court of the State of New York · 2005
- Wood 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 by5 opinions
- Dilworth v. GoldbergDistrict Court, S.D. New York · 2012
- Davis v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 2017
- SACHS, MANFRED v. STATE OF NEW YORKAppellate Division of the Supreme Court of the State of New York · 2016
- Sachs v. StateAppellate Division of the Supreme Court of the State of New York · 2016
- Sachs v. StateAppellate Division of the Supreme Court of the State of New York · 2016