MICHAELS v. STATE

108411.

2008 NY Slip Op 51609 (U)

JAY SETH MICHAELS, Claimant, v. STATE OF NEW YORK, Defendant.

Court of Claims of the City of New York.

Decided June 26, 2008.


Attorney(s) appearing for the Case

For Claimant: Robert W. Nishman, Esq., by: Schneider, Kaufman & Sherman, P.C., by: Howard B Sherman, Esq.

For Defendant: Andrew M. Cuomo, Attorney General, by: Cheryl M. Rameau, AAG.


ALAN C. MARIN, J.

This is the decision following the trial on liability of the claim of Jay Seth Michaels that he fell because of a loose drain cap in the laundry room at Arthur Kill Correctional Facility on April 24, 2003. At the time of his accident, Mr. Michaels had been an inmate at Arthur Kill since September, 2000.

In December of 2002, claimant was assigned to C-1, the honor dorm for some 50 or 60 inmates with no disciplinary infractions. Michaels had...

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