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SANCHEZ v. STATE OF NEW YORK

36 A.D.3d 1065 (2007)

827 N.Y.S.2d 338

FRANCISCO SANCHEZ, Appellant, v. STATE OF NEW YORK, Respondent.

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

Decided January 11, 2007.

Mugglin, J.

In December 1995, claimant was an inmate at Elmira Correctional Facility in Chemung County. Claiming negligent supervision, he seeks damages for injuries sustained when he was attacked by one or more fellow inmates. Concluding that the record raised a triable issue of foreseeability, the Court of Appeals reversed this Court's affirmance of a summary judgment dismissal of the claim (99 N.Y.2d 247 [2002]). After trial...

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