GARCIA v. CITY OF NEW YORK

7255, 13391/04.

98 A.D.3d 857 (2012)

951 N.Y.S.2d 2

2012 NY Slip Op 6112

MARVIN GARCIA, Respondent, v. CITY OF NEW YORK et al., Appellants, et al., Defendants.

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

September 11, 2012.


Plaintiff was injured on April 2, 2003 in an assault by other inmates while he was using an inmate telephone at the Anna M. Kross Center, a correctional facility operated by defendants at Rikers Island. Plaintiff's theory of liability is that the defendants were on actual or constructive notice that the phone was controlled by inmates who belonged to the Bloods gang and that other inmates, such as plaintiff, were at risk of assault if they chose to use the phone. Citing ...

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