On December 29, 1979, at 11:30 P.M., claimant was at his mother's apartment with his brother, Salvador Arriaga, a correction officer employed at Ossining Correctional Facility, when his brother accidentally shot him, rendering him a quadriplegic. His brother was off duty and had been cleaning his personal firearm. Claimant now seeks to recover against the State for his personal injuries under the theory of respondeat superior.
In support of its motion for summary...
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