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FLYNN v. CITY OF NEW YORK

Nos. 7366, 15684/07.

94 A.D.3d 537 (2012)

942 N.Y.S.2d 338

2012 NY Slip Op 2777

YUSEF FLYNN, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided April 12, 2012.

Defendants failed to establish prima facie, through plaintiff's testimony and that of defendant Barr, that they did not breach their duty of care to plaintiff after he was attacked by other inmates (see Sanchez v State of New York, 99 N.Y.2d 247, 252-253 [2002]). Plaintiff testified that Barr encouraged the attack and stopped it only after plaintiff had been seriously injured. Barr testified...

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