ABASCAL v. STATE

CA 11-00215.

93 A.D.3d 1216 (2012)

940 N.Y.S.2d 422

2012 NY Slip Op 1951

ISIDRO ABASCAL, Appellant, v. STATE OF NEW YORK, Respondent. (Claim No. 113160.)

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

Decided March 16, 2012.


It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: Claimant commenced this action seeking damages for injuries he allegedly sustained as a result of a prostate examination performed at the correctional facility where he was incarcerated. Contrary to the contention of claimant, the Court of Claims properly dismissed his claim based on his failure to present expert medical evidence. Claimant, "like any medical...

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