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WAGNER v. STATE OF NEW YORK

Claim No. 136558. 2022-05741.

214 A.D.3d 930 (2023)

187 N.Y.S.3d 61

2023 NY Slip Op 01546

Kazel Wagner, Appellant, v. State of New York, Respondent.

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

Decided March 22, 2023.

Attorney(s) appearing for the Case

Parker Waichman, LLP, Port Washington, NY ( Jay L. T. Breakstone of counsel), for appellant.

Letitia James , Attorney General, New York, NY ( Ester Murdukhayeva and Cleland B. Welton II of counsel), for respondent.

Barros, J.P., Miller, Genovesi and Wan, JJ., concur.

In a claim, inter alia, to recover damages for negligent hiring, retention, and supervision, the claimant appeals from an order of the Court of Claims (Faviola A. Soto, J.), dated April 1, 2022. The order granted the defendant's motion pursuant to CPLR 3211(a) to dismiss the claim.

Ordered that the order is modified, on the law, by deleting the provision thereof granting those branches of the defendant's motion which were pursuant to CPLR 3211(a) to dismiss the first...

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