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WHALEN v. STATE

150 A.D.2d 372 (1989)

James Whalen, Appellant, v. State of New York et al., Respondents. (Claim No. 69470.)

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

May 1, 1989

Ordered that the judgment is affirmed, with costs.

The court did not err in dismissing the claim, as the claimant failed to establish that the defendants breached their duty to exercise reasonable care to protect individuals on their premises from risk of harm (see, Greenfield v State of New York, 130 Misc.2d 161

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