RASHED v. STATE


232 A.D.2d 394 (1996)

648 N.Y.S.2d 131

Nafis Rashed, Appellant, v. State of New York et al., Respondents. (Claim No. 90868.)

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

October 7, 1996


Ordered that the order is affirmed, with costs.

The claimant was injured when he was stabbed by an unknown assailant with a knife during a "rap" concert at the York College campus of the City University of New York. "When the State assumes a dual role, acting in both its proprietary and governmental capacities, it is the specific act or omission out of which the injury is claimed to have arisen and the capacity in which that act or failure to act occurred which governs...

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