From Casetext: Smarter Legal Research

Kalem v. State

Appellate Division of the Supreme Court of New York, Second Department
Mar 20, 1995
213 A.D.2d 515 (N.Y. App. Div. 1995)

Opinion

March 20, 1995

Appeal from the Court of Claims (Silverman, J.).


Ordered that the judgment is affirmed, with costs.

It is well established that "the State bears the responsibility for the protection of others in its operation of schools, hospitals and other institutions" (Dunn v. State of New York, 29 N.Y.2d 313, 317). "Whether a breach of duty has occurred depends upon whether the resulting harm was a reasonably forseeable consequence of the defendant's acts or omissions" (Gordon v. City of New York, 70 N.Y.2d 839, 841). Moreover, to impose liability, the alleged negligence must be a proximate cause of the injuries suffered (see, Derdiarian v. Felix Contr. Corp., 51 N.Y.2d 308).

We agree with the Court of Claims' finding that the injuries sustained by the claimant at the Long Island Development Center on December 13, 1990, were not foreseeable and that, in any event, the claimant did not show that the alleged negligence was a proximate cause of the injuries sustained. Accordingly, it was proper for the court to dismiss the claim on its merits.

The claimant's remaining contentions are without merit. O'Brien, J.P., Ritter, Santucci and Friedmann, JJ., concur.


Summaries of

Kalem v. State

Appellate Division of the Supreme Court of New York, Second Department
Mar 20, 1995
213 A.D.2d 515 (N.Y. App. Div. 1995)
Case details for

Kalem v. State

Case Details

Full title:ANDY KALEM, Appellant, v. STATE OF NEW YORK, Respondent. (Claim No. 84078.)

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 20, 1995

Citations

213 A.D.2d 515 (N.Y. App. Div. 1995)
624 N.Y.S.2d 56

Citing Cases

Wilson v. State of New York

We affirm. While the State's duty to an inmate encompasses protection from the foreseeable risk of harm at…

Smart v. State

We affirm. "While the State's duty to an inmate encompasses protection from the foreseeable risk of harm at…