Kulaga v. State
| Decision Date | 02 November 1972 |
| Citation | 338 N.Y.S.2d 436,31 N.Y.2d 756 |
| Parties | , 290 N.E.2d 437 Janet KULAGA and Matthew Kulaga, her husband, Respondents, v. STATE of New York, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from the Court of Claims.
Louis J. Lefkowitz, Atty. Gen. , for appellant.
Ward, Gorman & Marx, Buffalo (John Marshall Gorman, Buffalo, of counsel), for respondents.
Proceeding on claim against State for damages sustained by claimants when they were held prisoners in a house by a murderer who had escaped from State custody. The Court of Claims, Erie County, John H. Cooke, J., dismissed the claims and the Supreme Court, Appellate Division, 37 A.D.2d 58, 322 N.Y.S.2d 542, reversed and remanded.
On remand, the Court of Claims entered judgment for damages and State appealed.
In the Court of Appeals, the State argued that claimants, in entering premises where they had reason to believe there might be an intruder at a time when they knew there was an escaped murderer loose, instead of waiting a short time when a police escort would be available to them, were guilty of contributory negligence, or had assumed the risk.
Judgment affirmed, with costs.
All concur.
To continue reading
Request your trial
-
Parochial Bus Systems, Inc. v. Board of Educ. of City of New York
...N.Y.S.2d 276, 382 N.E.2d 1139; Kulaga v. State of New York, 37 A.D.2d 58, 63, 322 N.Y.S.2d 542 [concurring opn], affd. 31 N.Y.2d 756, 338 N.Y.S.2d 436, 290 N.E.2d 437; cf. Ferro v. Bersani, 78 A.D.2d 1010, 433 N.Y.S.2d 666 see, generally, Appeal--Right of Winning Party, Ann., 69 A.L.R.2d 70......
-
Sewar v. Gagliardi Bros. Service, 1
...see Kulaga v. State of New York, 37 A.D.2d 58, 64-65, 322 N.Y.S.2d 542, 549, concurring opinion, Witmer, J., affd. 31 N.Y.2d 756, 338 N.Y.S.2d 436, 290 N.E.2d 437. For the same reasons I must conclude that any claimed failure to live up to a common law duty to discharge the pupils safely on......
-
Weeda v. District of Columbia
...434, 444-445, 242 A.2d 386, 391 (1968); Kulaga v. State, 37 A.D.2d 58, 61-62, 322 N.Y.S.2d 542, 545-546 (1971), affd, 31 N.Y.2d 756, 290 N.E.2d 437, 338 N.Y.S.2d 436 (1972); Fahringer v. Rinehimer, 283 Pa.Super. 93, 97-98, 423 A.2d 731, 733-734 (1980). In the words of the There is a differe......
-
Kane v. U.S.
...herself from injury. Kulaga v. State of New York, 37 A.D.2d 58, 322 N.Y.S.2d 542, 545 (4th Dep't 1971), aff'd, 31 N.Y.2d 756, 338 N.Y.S.2d 436, 290 N.E.2d 437 (1972). A pedestrian who crosses a road other than within a crosswalk "shall yield the right of way to all vehicles upon the roadway......