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AUGER v. STATE OF NEW YORK

171 Misc.2d 866 (1997)

656 N.Y.S.2d 157

Bruce Auger, Claimant, v. State of New York, Defendant. (Claim No. 82201.) Bruce Auger, Claimant, v. State of New York, Defendant. (Claim No. 85853.)

Court of Claims.

March 14, 1997

Attorney(s) appearing for the Case

Goldstein, Goldstein & Rikon, P. C., New York City, and John S. Sherman, Slingerlands, for claimant. Dennis C. Vacco, Attorney-General, Albany (Paul F. Cagino of counsel), for defendant.

LOUIS C. BENZA, J.

The defendant moves for summary judgment dismissing both claims.

Both claims relate to injuries suffered by claimant, while incarcerated at Napanoch Correctional Facility, as a result of an attack by another inmate on the night of December 23, 1989. Claim No. 82201 seeks compensation for the injuries claimant suffered in the assault itself. The State's liability is premised on its...

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