HELIODORE v. STATE OF NEW YORK


305 A.D.2d 708 (2003)

759 N.Y.S.2d 554

ERIC HELIODORE, Appellant, v. STATE OF NEW YORK, Respondent.

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

Decided May 1, 2003.


Peters, J.

Claimant, an inmate at the Bare Hill Correctional Facility in Franklin County, slipped and fell while leaving his cell. He commenced this action alleging that his injuries were caused by the negligent mopping and cleaning of the floors in his dormitory. At trial, claimant testified that when he tried to sit up after his fall, he realized that the floor was wet and slippery; he saw no warning cones on the tier to indicate that the floor had recently been...

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