Order reversed, on the law, without costs, motion granted and claim dismissed.
Memorandum:
Defendant appeals from an order of the Court of Claims denying its motion for summary judgment. The notice of claim alleges that claimant's decedent, while employed by defendant as a guard at the Attica Correctional Facility, was killed as a result of the actions of the State of New York in retaking control of the prison from riotous inmates on September 13, 1971. The...
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