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LEONIDO v. STATE OF NY

5 Misc.3d 932 (2004)

784 N.Y.S.2d 331

NICOLE LEONIDO, an Infant, by her Mother and Natural Guardian, ELLEN LEONIDO, et al., Claimants, v. STATE OF NEW YORK, Defendant. (Claim No. 99960.)

Court of Claims.

August 16, 2004.

Attorney(s) appearing for the Case

Dupee, Dupee & Monroe, P.C. (William J. Garvin of counsel), for claimants.

Eliot Spitzer, Attorney General (Dewey Lee of counsel), for defendant.

OPINION OF THE COURT

STEPHEN J. MIGNANO, J.

This claim arises from a July 30, 1997 incident in which a prison inmate escaped from a bus while being transported from one correctional facility to another and carjacked the claimants' car. The trial was bifurcated and this decision deals only with the issue of liability.

At trial, the evidence established that on July 30, 1997 a Department of Correctional...

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