DONATO v. STATE


25 A.D.3d 944 (2006)

807 N.Y.S.2d 456

FRANCIS DI DONATO, Appellant, v. STATE OF NEW YORK, Respondent.

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

January 19, 2006.


Spain, J.

In this negligence action, claimant asserts that injuries he sustained at the Elmira Correctional Facility in Chemung County (hereinafter Elmira) at the hands of another inmate were the result of defendant's failure to provide adequate protection while he was incarcerated. After a bifurcated trial on the issue of liability, the Court of Claims dismissed the claim. On claimant's appeal, we affirm.

"Having assumed physical custody of inmates . . ....

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