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CIAFONE v. KENYATTA

27 A.D.3d 143 (2005)

807 N.Y.S.2d 114

SALVATORE CIAFONE, Respondent, v. IBN KENYATTA, Appellant. ELIOT SPITZER, as Attorney General of the State of New York, Intervenor-Respondent.

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

December 19, 2005.

Attorney(s) appearing for the Case

Stevens, Hinds & White, P.C., New York City (Lennox S. Hinds of counsel), for appellant.

Calano & Calano, LLP, New York City (Edward A. Frey of counsel), for respondent.

Eliot Spitzer, Attorney General, Albany (Wayne L. Benjamin and Dorothy E. Hill of counsel), intervenor-respondent pro se in his statutory capacity pursuant to Executive Law § 71.

COZIER, J.P., MASTRO and SKELOS, JJ., concur.

OPINION OF THE COURT

S. MILLER, J.

Executive Law § 632-a, commonly known as the Son of Sam Law, broadly permits a crime victim to recover damages from his or her assailant. In this case, in 1974, the plaintiff Salvatore Ciafone (hereinafter the plaintiff), then a New York City Transit Authority police officer, was shot by the defendant, Ibn Kenyatta. In 2001, while incarcerated for his crimes, the defendant...

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