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LEIBACH v. STATE

215 A.D.2d 978 (1995)

627 N.Y.S.2d 463

Michael Leibach, Appellant, v. State of New York, Respondent

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

May 25, 1995

Spain, J.

Claimant, an inmate at Greene Correctional Facility, a medium security facility in Greene County, sustained severe injuries when he was assaulted by a fellow inmate, Joseph Hann. The attack was witnessed by another inmate, Paul Helmer. Prior to the attack, claimant and Hann were close friends and, along with Helmer, had excellent disciplinary records. Claimant had no notice or warning of the assault...

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