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COVINGTON v. STATE OF NEW YORK

54 A.D.3d 1137 (2008)

863 N.Y.S.2d 852

JOHN COVINGTON, Appellant, v. STATE OF NEW YORK, Respondent.

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

September 25, 2008.

ROSE, J.

Claimant, an inmate at Great Meadow Correctional Facility in Washington County, commenced this action in September 2005 claiming damages he allegedly sustained as the result of a mouse bite on his left big toe. Following the close of proof in a trial on the matter, the Court of Claims granted defendant's motion to dismiss. Claimant appeals and we affirm.

While defendant is not an insurer against every injury that

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