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FRAZIER v. STATE

64 N.Y.2d 802 (1985)

Kevin Frazier, an Infant, by Jeanette Weston, His Mother and Natural Guardian, et al., Appellants, v. State of New York, Respondent.

Court of Appeals of the State of New York.

Decided February 5, 1985.

Attorney(s) appearing for the Case

Anthony Balsamo and Barry S. Bernstein for appellants.

Robert Abrams, Attorney-General (Lew A. Millenbach, Robert Hermann and Peter H. Schiff of counsel), for respondent.

Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS and KAYE concur in memorandum; Judge ALEXANDER taking no part.

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and a new trial granted.

Claimant brought this action to recover damages for personal injuries he sustained on October 10, 1979 when one Robert Warner, an off-duty New York State correction officer employed at Green Haven Correctional Facility, shot him in the foot. Claimant, a bystander, was walking on the grounds of a housing project...

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