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RODRIGUEZ v. CITY OF NEW YORK

38 A.D.3d 349 (2007)

834 N.Y.S.2d 10

CARMEN RODRIGUEZ, as Administratrix of the Estate of ALEX RIVERA, Deceased, Appellant, v. CITY OF NEW YORK, Respondent.

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

Decided March 20, 2007.

On March 26, 1995, plaintiff's decedent Alex Rivera was sleeping in his detention cell at the NYC Adolescent Reception and Detention Center located in the Bronx when he was slashed with a razor on the back of his neck, on the side of his face, and on his arms by inmate Curtis Armstrong. Armstrong was a known dangerous inmate who had previously injured others at the detention center, including, on a prior occasion, the correction officer (Kevin Spencer), who was Armstrong...

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