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BURDICK v. STATE OF NEW YORK

206 Misc. 839 (1954)

Robert Burdick, Claimant, v. State of New York, Defendant. (Claim No. 31863.)

Court of Claims.

November 22, 1954.

Attorney(s) appearing for the Case

David O. Boehm and Paul Muscarella for claimant.

Nathaniel L. Goldstein, Attorney-General (Neil R. Farmelo of counsel), for defendant.

SYLVESTER, J.

Claimant, an inmate of Attica State Prison, was assaulted by a fellow prisoner on November 30, 1952. While proceeding with his fellow prisoners from the mess hall to his cell in regular routine, he turned to talk with prisoner Saxton Gamble, who was then being kept in his cell twenty-four hours a day for an infraction of regulations, and who accused claimant of making insulting remarks.

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