TORRES v. STATE OF NEW YORK


258 A.D.2d 939 (1999)

685 N.Y.S.2d 537

DANIEL TORRES, Appellant, v. STATE OF NEW YORK, Respondent. (Claim No. 88188.)

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

Decided February 10, 1999.


Judgment unanimously affirmed without costs.

Memorandum:

Claimant commenced this action seeking damages for injuries he sustained while incarcerated at the Oneida Correctional Facility. He was injured when he slid into an anchored third base during a league softball game at the correctional facility. We reject his contention that the Court of Claims erred in dismissing the claim after trial. The credible testimony at the trial established that claimant had...

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