TROCHE v. STATE OF NEW YORK


130 A.D.2d 573 (1987)

Adalberto A. Troche, Appellant, v. State of New York, Respondent

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

May 11, 1987


Ordered that the judgment is affirmed, with costs.

The claimant, an inmate in a correctional facility, injured himself when he tripped over a rope, which cordoned off a flower bed, while engaged in a game of softball. The record amply supports the determination of the Court of Claims that the claimant failed to sustain his burden of proving by a fair preponderance of the credible evidence that the State failed to exercise...

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