BROWNLEE v. STATE OF NEW YORK


195 A.D.2d 817 (1993)

600 N.Y.S.2d 348

Ernest Brownlee, Respondent, v. State of New York, Appellant

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

July 15, 1993


Casey, J.

Claimant commenced this action against the State to recover damages for injuries he sustained while he was an inmate in the State prison system. After trial, the Court of Claims concluded that claimant had failed to prove his case under the theory alleged in the claim, but had presented evidence which might establish liability under a different theory. The alternate theory was not pleaded in the claim and claimant made no motion to amend the...

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