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SANCHEZ v. STATE OF NY

99 N.Y.2d 247 (2002)

784 N.E.2d 675

754 N.Y.S.2d 621

FRANCISCO SANCHEZ, Appellant, v. STATE OF NEW YORK, Respondent.

Court of Appeals of the State of New York.

Decided November 21, 2002.

Attorney(s) appearing for the Case

John D.B. Lewis, New York City, and Gary E. Divis for appellant.

Eliot Spitzer, Attorney General, Albany (Frank K. Walsh, Caitlin J. Halligan, Daniel Smirlock and Peter H. Schiff of counsel), for respondent.

Daniel L. Greenberg, Brooklyn, John Boston, Mary Lynne Werlwas; Tom Terrizzi, Ithaca, Betsy Sterling; and Alfred O'Connor, Albany, for Legal Aid Society of City of New York and others, amici curiae.

Judges SMITH, LEVINE, CIPARICK and ROSENBLATT concur with Chief Judge KAYE; Judge GRAFFEO dissents and votes to affirm the granting of the State's motion for summary judgment in a separate opinion in which Judge WESLEY concurs.

OPINION OF THE COURT

Chief Judge KAYE.

In this inmate-on-inmate assault case, appellant Francisco Sanchez's negligent supervision claim against the State was dismissed on summary judgment, on the ground that the attack was unforeseeable as a matter of law. We conclude that this record raises a triable issue as to foreseeability.

The essential facts are undisputed. On December 14, 1995, two unidentified fellow inmates in Elmira Correctional Facility...

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