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McCRORY v. STATE OF NEW YORK

281 A.D.2d 797 (2001)

721 N.Y.S.2d 712

GEORGE McCRORY et al., Appellants, v. STATE OF NEW YORK, Respondent. (Claim No. 1.) VICTOR ALVARADO, Appellant, v. STATE OF NEW YORK, Respondent. (Claim No. 2.)

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

Decided March 15, 2001.

Carpinello, J.

At issue on this appeal is the dismissal of these two claims for failure to prosecute. Claimants were all inmates at Great Meadow Correctional Facility in Washington County during the summer of 1993 when they contracted food poisoning. The instant claims, filed in August 1994 and November 1993, and later consolidated, seek damages for injuries allegedly sustained as a result of this incident. After claimants...

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