PHILIPPE v. STATE


248 A.D.2d 827 (1998)

669 N.Y.S.2d 759

Jean Philippe, Appellant, v. State of New York, Respondent

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

March 12, 1998


Spain, J.

Claimant, an inmate at Franklin Correctional Facility in Franklin County, seeks to recover damages for injuries he sustained on March 19, 1996 following an assault by a fellow inmate. Claimant contends that the State was negligent because at the time of the assault a correction officer was not at his assigned post located a few feet away from where the assault took place. On April 20, 1996, claimant mailed, by ordinary mail, a notice of intention...

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