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MELENDEZ v. STATE OF NEW YORK

283 A.D.2d 729 (2001)

725 N.Y.S.2d 113

JULIAN MELENDEZ, Appellant, v. STATE OF NEW YORK, Respondent.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided May 10, 2001.

Rose, J.

While standing in the courtyard of Southport Correctional Facility in Chemung County, claimant was injured on the evening of October 2, 1995, after dark, when he was struck by one of a rapid series of .22 caliber bullets fired at the facility's water tower by teenagers in a wooded area approximately one-half mile away. Claimant brought this action against the State for damages based, inter alia, on the State's failure to take sufficient measures to...

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