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WELLS v. STATE

228 A.D.2d 581 (1996)

644 N.Y.S.2d 526

Carl Wells, Appellant, v. State of New York, Respondent

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

June 17, 1996

Ordered that the judgment is affirmed, without costs or disbursements.

The claimant sustained a fracture of the left humerus in April 1989 as the result of a motor vehicle accident. At that time he underwent open reduction surgery and insertion of a fixation rod. Thereafter, in March 1990 the claimant was incarcerated and is currently serving time for armed robbery. The claimant maintains that the defendant's failure to...

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