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KLOS v. STATE OF NEW YORK

19 A.D.3d 1173 (2005)

796 N.Y.S.2d 267

BRIAN DALE KLOS, Respondent, v. STATE OF NEW YORK, Appellant. (Claim No. 105011.)

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

June 10, 2005.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed with costs.

Memorandum:

Claimant, a prison inmate, commenced this action alleging that he was injured as a result of defendant's negligence in failing to provide him with safe weightlifting equipment and in further failing to diagnose and treat the initial injury. Defendant moved for summary judgment dismissing the...

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