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FORESTER v. STATE OF NEW YORK

169 Misc.2d 531 (1996)

645 N.Y.S.2d 971

John G. Forester, Claimant, v. State of New York, Defendant. (Claim No. 82582.)

Court of Claims.

March 18, 1996

Attorney(s) appearing for the Case

Dennis C. Vacco, Attorney-General (Michael Friedman of counsel), for defendant. Fusco & Carlin (John J. Fusco of counsel), for claimant.

TERRY JANE RUDERMAN, J.

Claimant alleges that, on June 21, 1990, his karate instructor at the State University of New York at Purchase (SUNY), Nazim Ali, assaulted claimant and caused him to sustain personal injuries. Claimant seeks damages on the theory that Ali was an employee of SUNY and that SUNY is vicariously liable for Ali's acts. The trial of the claim was bifurcated and this decision pertains solely...

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