Ordered that the judgment is reversed, on the facts and as a matter of discretion, without costs or disbursements, and claimant is awarded judgment against the State on the issue of liability to the extent that the State is found 50% at fault in the happening of the accident, the remaining 50% of the fault is apportioned to the claimant, and matter is remitted to the Court of Claims for a trial on the issue of damages.
The claimant James Emmi, an inmate at the Ossining...
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