Opinion
March 20, 1995
Appeal from the Court of Claims (Silverman, J.).
Ordered that the judgment is affirmed, with costs.
It is well established that "the State bears the responsibility for the protection of others in its operation of schools, hospitals and other institutions" (Dunn v. State of New York, 29 N.Y.2d 313, 317). "Whether a breach of duty has occurred depends upon whether the resulting harm was a reasonably forseeable consequence of the defendant's acts or omissions" (Gordon v. City of New York, 70 N.Y.2d 839, 841). Moreover, to impose liability, the alleged negligence must be a proximate cause of the injuries suffered (see, Derdiarian v. Felix Contr. Corp., 51 N.Y.2d 308).
We agree with the Court of Claims' finding that the injuries sustained by the claimant at the Long Island Development Center on December 13, 1990, were not foreseeable and that, in any event, the claimant did not show that the alleged negligence was a proximate cause of the injuries sustained. Accordingly, it was proper for the court to dismiss the claim on its merits.
The claimant's remaining contentions are without merit. O'Brien, J.P., Ritter, Santucci and Friedmann, JJ., concur.