RUSSO v. STATE OF NEW YORK


50 A.D.3d 1554 (2008)

855 N.Y.S.2d 402

CARMEN RUSSO, Appellant, v. STATE OF NEW YORK, Respondent. (Claim No. 105954.)

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

Decided April 25, 2008.


It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Memorandum:

Claimant, an inmate in a correctional facility, commenced this action alleging that defendant negligently delayed diagnosis and treatment of his back injury, resulting in further injury, pain and disability. The Court of Claims properly granted judgment in favor of defendant after trial. Claimant failed to "establish that the negligence of [defendant...

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