DUFFEN v. STATE


245 A.D.2d 653 (1997)

665 N.Y.S.2d 978

Stephen P. Duffen, Respondent, v. State of New York, Appellant

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

December 4, 1997


Mercure, J.

Claimant, an inmate at a State correctional facility, commenced this action to recover for an ankle injury he allegedly sustained when he fell on the ground in the facility recreation yard. As relevant to this appeal, claimant's theory of liability against the State is founded upon the prison personnel's demonstrated delay in providing claimant with his prescribed medication, which claimant alleges caused him to become dizzy and fall. At trial...

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