CRUZ v. STATE OF NEW YORK


1 A.D.3d 747 (2003)

766 N.Y.S.2d 652

ALEX CRUZ, Appellant, v. STATE OF NEW YORK, Respondent. (Claim No. 102202.)

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

November 13, 2003.


Crew III, J.P.

In May 1998, claimant, an inmate at Eastern Correctional Facility in Ulster County, was injured while playing a game of paddleball on one of the facility's handball courts. As a consequence, claimant commenced this action against defendant to recover damages for his injuries. Following a bifurcated trial, the Court of Claims granted defendant's motion to dismiss the claim and this appeal ensued.

The evidence at trial reflects that the exercise...

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