Judgment unanimously modified on the law and the facts and as modified affirmed without costs in accordance with the following Memorandum: Claimant commenced this action as limited administrator of the estate of his brother (decedent), who died while an inmate at Auburn Correctional Facility. Claimant offered expert proof that decedent died as a result of an asthma attack after correction officers refused to provide him with a refill of his asthma medication. Defendant offered...
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