SMART v. STATE


65 A.D.3d 1218 (2009)

885 N.Y.S.2d 423

PAMELA SMART, Appellant, v. STATE OF NEW YORK, Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided September 22, 2009.


Ordered that the judgment is affirmed, without costs or disbursements.

The claimant, an inmate at Bedford Hills Correctional Facility, alleged in this negligence claim that the defendant State of New York was liable for injuries she sustained when she was assaulted by two other inmates. Following a nonjury trial on the issue of liability, the Court of Claims determined that the State was not negligent and dismissed the claim. We affirm.

"While the State's...

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