HUERTAS v. STATE


84 A.D.2d 650 (1981)

Emerida Huertas, Individually and as Administratrix of The Estate of Jesus Huertas, Deceased, Respondent, v. State of New York, Appellant. (Claim No. 61060.)

Appellate Division of the Supreme Court of the State of New York, Third Department.

October 29, 1981


At approximately 10:00 A.M. on December 29, 1976, one James Hernandez, an inmate working in the milk room at the Clinton Correctional Facility, a maximum security institution, left the milk room carrying an iron bar two and one-half feet long which he had removed from a machine in the milk room. Carrying the iron bar under an apron which he wore, he proceeded to a table in the recreation area of the mess hall at which decedent Jesus Huertas and others were sitting, and he...

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