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MORRIS v. STATE

2352N, 100694A

71 A.D.3d 492 (2010)

897 N.Y.S.2d 59

BEATRICE MORRIS, Appellant, v. STATE OF NEW YORK, Respondent.

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

Decided March 11, 2010.

There is no identity of issues between those claims litigated and dismissed against former Correction Officer Eversley in a federal action relating to injuries allegedly resulting from his sexual assault (see Morris v Eversley, 282 F.Supp.2d 196 [SD NY 2003]) and those the claimant seeks to litigate against the State in the instant action. Claimant now alleges injuries that are separate and distinct from those inflicted...

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