ALBANY – Lower courts are “struggling” with how to interpret the extent of government liability to injured parties in light of two 2009 rulings by the state Court of Appeals, a Court of Claims judge has noted.
Judge Judith A. Hard (See Profile) wrote that the Court of Appeals’ rulings last year in both McLean v. City of New York and Dinardo v. City of New York have changed the way most judges understood governments’ obligation toward injured parties. The rulings also caused her to abandon a decision she made in 2009 on whether New York state was liable for harm to a health care diagnostic company for the state’s failure to publish proper Medicaid reimbursement rates, Judge Hard explained.
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