SMITH v. STATE


91 A.D.2d 1181 (1983)

Michael S. Smith, Respondent, v. State of New York, Appellant. (Claim No. 54561-A.)

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

January 21, 1983


Order reversed, without costs, motion granted, and claim dismissed.

Memorandum:

The State of New York appeals from an order of the Court of Claims denying its motion for summary judgment (CPLR 3212). The State argues that this action at law by claimant — a former correction officer in the employ of the State — for injuries allegedly intentionally inflicted on him by State employees during the "Attica uprising", is barred by claimant's acceptance...

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