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DONALD v. STATE

158 A.D.2d 366 (1990)

Raul Donald, Appellant, v. State of New York, Respondent. (Claim No. 71189.)

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

February 15, 1990

In this action where the claimant suffered serious eye injury in a second altercation with a fellow patient, the court failed to find any lack of staff supervision or State negligence contributing to the injury. From the evidence presented at trial, it was established that the injuries were the result of a sudden incident, which closer supervision might not have prevented. (Carlino v State of New York, 30 A.D.2d 987 [3d Dept 1968...

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