KALEM v. STATE


213 A.D.2d 515 (1995)

624 N.Y.S.2d 56

Andy Kalem, Appellant, v. State of New York, Respondent. (Claim No. 84078.)

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 20, 1995


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...

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