Lando v. State
Cases that cite this one
32 later published cases cite this decision. The 25 that cite it most often are listed here.
- Maracallo v. Board of Education (New York Supreme Court 2003)
- Maracallo v. Board of Educ. of the City of New York (New York Supreme Court 2003)
- SanMiguel v. Grimaldi (N.Y. 2025)
- Vumbaca v. Terminal One Group Ass'n (District Court, E.D. New York 2012)
- Johnson v. Jamaica Hospital (N.Y. 1984)
- Taggart v. Costabile (Appellate Division of the Supreme Court of New York 2015)
- In re Mtbe Products Liab. Lit. (District Court, S.D. New York 2007)
- Lauer v. City of New York (N.Y. 2000)
- Nevin v. Citibank, N.A. (District Court, S.D. New York 2000)
- Mortise v. United States (District Court, N.D. New York 1995)
- Wilson v. Consolidated Rail Corp. (District Court, N.D. New York 1993)
- Ballan v. Greenberg (Appellate Division of the Supreme Court of New York 2025)
- Brown v. New York Design Ctr., Inc. (Appellate Division of the Supreme Court of New York 2023)
- Pisula v. Roman Catholic Archdiocese of N.Y. (Appellate Division of the Supreme Court of New York 2021)
- Fox v. Mark (Appellate Division of the Supreme Court of New York 2020)
- Truman v. Brown (District Court, S.D. New York 2020)
- Poppel v. Rockefeller University Hospital (District Court, S.D. New York 2020)
- Leviston v. Jackson (New York Supreme Court 2013)
- Battistello v. East 51st Street Development Co. (New York Supreme Court 2009)
- Sims v. Comprehensive Community Development Corp. (Appellate Division of the Supreme Court of New York 2007)
- Ornstein v. New York City Health & Hospitals Corp. (Appellate Division of the Supreme Court of New York 2006)
- Sarlo v. Fairchild Sons, Inc. (Appellate Division of the Supreme Court of New York 1998)
- Stonecipher v. Bossuot-Lundy Funeral Home, Inc. (Appellate Division of the Supreme Court of New York 1997)
- Smith v. St. Joseph's Hospital, Inc. (Appellate Division of the Supreme Court of New York 1994)
- Ferrara v. Bernstein (Appellate Division of the Supreme Court of New York 1992)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
Memorandum. We agree with the Appellate Division that the claimant, as administrator, failed to present sufficient proof to support the estate’s claims for his deceased daughter’s conscious pain and suffering before death and for her wrongful death. However, since we agree with the Court of Claims that he did prove his claim for his own mental anguish, a matter not discussed by the Appellate Division in its opinion, there should be a modification.
The record amply demonstrates that the hospital, once learning that claimant’s daughter had disappeared, negligently failed to undertake a careful and diligent search of the hospital premises in order to locate this mentally deficient patient. The inadequacy of the purported search is pointed up by the fact that the daughter’s body when found was lying in a wooded area of the hospital grounds a mere 50 feet from the edge of the parking lot of the building adjacent to the one in *805 which she resided. The claimant was, therefore, entitled to damages for the mental anguish he suffered when, solely by reason of the hospital’s negligence, he was denied access to and control over the body of his deceased daughter for a period of 11 days.
Accordingly, the order of the Appellate Division should be modified by reinstating the judgment in favor of the claimant, individually, in the amount of $5,000 and, as so modified, affirmed.
Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur.
Order modified, with costs to claimant, in accordance with memorandum herein and, as so modified, affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.