Order unanimously affirmed without costs.
Memorandum:
The Court of Claims correctly granted summary judgment in the State's favor, dismissing this claim for damages suffered as the result of an unprovoked attack by a fellow inmate within a cellblock. The State is not an insurer of inmate safety; its duty is to exercise reasonable care to prevent foreseeable attacks by other inmates (see, Sebastiano v State of New York,
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
