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KELLY v. STATE OF NEW YORK

259 A.D.2d 962 (1999)

687 N.Y.S.2d 843

LOUIS C. KELLY, Respondent, v. STATE OF NEW YORK, Appellant. (Claim No. 88206.)

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

Decided March 19, 1999.

Judgment unanimously modified on the law and as modified affirmed without costs and matter remitted to Court of Claims for further proceedings in accordance with the following Memorandum: Claimant sustained a serious knee injury while playing basketball at Groveland Correctional Facility and commenced this action alleging negligence and medical malpractice. Following a trial, the Court of Claims found defendant liable and ordered...

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