SUAREZ v. STATE


60 A.D.3d 1243 (2009)

876 N.Y.S.2d 195

EFRAIN SUAREZ, Appellant, v. STATE OF NEW YORK, Respondent.

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

Decided March 26, 2009.


MALONE Jr., J.

Claimant, an inmate, allegedly fell out of bed and sustained injuries. Claimant thereafter commenced this action in the Court of Claims, alleging that prison personnel acted negligently and that his civil rights were violated by those employees' failure to correct known deficiencies with the bed and their deliberate indifference to the medical needs arising from his injuries. Defendant answered and asserted four affirmative defenses, which claimant...

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