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RIVERS v. STATE

159 A.D.2d 788 (1990)

Otis Rivers, Respondent, v. State of New York, Appellant. (Claim No. 72350.)

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

March 1, 1990

Mikoll, J.

Claimant, an inmate under the control of the Department of Correctional Services (hereinafter DOCS), was awarded damages of $10,000 against the State for personal injuries stemming from malpractice committed by Dr. Joseph Cally, the operating surgeon, who mistakenly operated on claimant for a herniorrhaphy at an incorrect site.*

Claimant's condition was first diagnosed by prison physicians.

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