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JACKSON v. STATE OF NEW YORK

51 A.D.3d 1251 (2008)

857 N.Y.S.2d 368

DERRICK JACKSON, Appellant, v. STATE OF NEW YORK, Respondent. (Claim No. 107075.)

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

Decided May 15, 2008.

Carpinello, J.

Claimant, a prison inmate, slipped and fell when exiting a shower at the Woodbourne Correctional Facility in Sullivan County and thereafter commenced this action seeking damages for his injuries. Following a nonjury trial on the issue of liability, the Court of Claims found that claimant had failed to demonstrate that the condition of the shower on the night of his fall was unusually dangerous or defective...

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