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PITTS v. STATE

1041 CA 17-01999.

166 A.D.3d 1505 (2018)

88 N.Y.S.3d 323

2018 NY Slip Op 07567

Duval Pitts, Respondent, v. State of New York, Appellant. (Claim No. 120886.)

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

Decided November 9, 2018.

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

Memorandum: Claimant, an inmate at a state correctional facility, commenced this negligence action seeking damages for injuries he sustained when he was assaulted by a fellow inmate during an afternoon recreation session. Following the liability portion of a bifurcated trial, the Court of Claims determined that defendant was...

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