MELVIN v. STATE OF NEW YORK

Motion No. M-4898, DC No. 35.

101 A.D.3d 1654 (2012)

956 N.Y.S.2d 376

2012 NY Slip Op 8927

CRAIG MELVIN, Appellant, v. STATE OF NEW YORK, Respondent. (Claim No. 107704.)

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

December 21, 2012.


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

Memorandum: Claimant, an inmate at a state correctional facility operated by defendant, State of New York (State), commenced this action alleging that the State was negligent and thus was liable for injuries he sustained when he was assaulted by a fellow inmate. Following a nonjury trial on the issue of liability, the Court of Claims determined that the State was not negligent...

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