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MARRO v. STATE OF NEW YORK

44 A.D.3d 913 (2007)

843 N.Y.S.2d 522

KENNEDY MARRO, Appellant, v. STATE OF NEW YORK, Respondent.

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

Decided October 23, 2007.

Ordered that the order is affirmed, with costs.

The State met its prima facie burden of demonstrating its entitlement to summary judgment by proffering the plain and unambiguous language of the stipulation that insulated the State from liability except for its "independent, active negligent acts" (Alvarez v Prospect Hosp., 68 N.Y.2d 320, 324 [1986]). Since a claim of negligent supervision does not involve "active negligent...

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