KAGAN v. STATE OF NEW YORK


221 A.D.2d 7 (1996)

646 N.Y.S.2d 336

Dale A. Kagan, Respondent, v. State of New York, Appellant

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

June 17, 1996


Attorney(s) appearing for the Case

Dennis C. Vacco, Attorney-General, New York City (Peter G. Crary and Victor Paladino of counsel), for appellant.

Koob & Magoolaghan, New York City (Elizabeth L. Koob of counsel), for respondents.

PIZZUTO, ALTMAN and FRIEDMANN, JJ., concur with MILLER, J. P.; SULLIVAN, J., dissents in part in a separate opinion.


MILLER, J. P.

It is well settled that the State owes a duty to its incarcerated citizens to provide them with adequate medical care. Today, we reaffirm that principle and uphold, in large measure, an award of damages to an inmate who lost the hearing in one ear as a result of endemic and systematic indifference to her repeated, legitimate medical complaints by the security and medical staff at Bedford Hills Correctional...

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