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SEBASTIAN v. STATE OF NY

250 A.D.2d 260 (1998)

680 N.Y.S.2d 370

Anthony Sebastian et al., Appellants, v. State of New York, Respondent

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

November 13, 1998

Attorney(s) appearing for the Case

Magner & Love, P. C., Buffalo (Shawn W. Carey, of counsel), for appellants.

Dennis C. Vacco, Attorney-General, Albany (Lisa LeCours of counsel), for respondent.

GREEN, J. P., and CALLAHAN, J., concur with LAWTON, J.; BOEHM, J., dissents and votes to reverse in a separate opinion in which FALLON, J., concurs.

LAWTON, J.

The issue on this appeal is whether defendant, the State of New York (State), may be held liable for injuries caused by an escapee from a New York State Division for Youth (DFY) facility in the absence of a special relationship between the State and the injured person.

In 1992 Daniel Chadderdon was adjudicated a juvenile delinquent. He was placed in the custody of DFY and was initially held...

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