FERRUGIA v. STATE


237 A.D.2d 858 (1997)

655 N.Y.S.2d 174

Richard Ferrugia, Appellant, v. State of New York, Respondent

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

March 20, 1997


Cardona, P. J.

On September 4, 1993, claimant, a State prison inmate, allegedly injured his back while performing his duties as a porter by carrying trays of food up a flight of stairs. Claimant timely served a notice of intention to file a claim on November 24, 1993 asserting that although normally 10 people carried food trays, "[o]n this occasion, only three * * * porters were available and the load was very heavy". On June 14, 1995, claimant filed...

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