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ENCARNACION v. STATE OF NEW YORK

49 A.D.3d 1038 (2008)

854 N.Y.S.2d 567

BERNABE ENCARNACION, Appellant, v. STATE OF NEW YORK, Respondent.

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

Decided March 20, 2008.

Lahtinen, J.

Claimant brought this action contending, among other things, that defendant was responsible for the value of items of personal property taken and not returned by employees of the Department of Correctional Services. He made a motion denoted as one for partial summary judgment (although he sought judgment on both liability and damages). The Court of Claims denied the motion and claimant now appeals.

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