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TOXEY v. STATE OF NEW YORK

279 A.D.2d 927 (2001)

719 N.Y.S.2d 765

ANTHONY TOXEY, Appellant, v. STATE OF NEW YORK, Respondent.

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

Decided January 25, 2001.

Lahtinen, J.

Claimant broke the fifth finger of his right hand on January 25, 1996 while he was an inmate at a State correctional facility. X rays were taken and read by a radiologist a few days later but the fracture was not diagnosed until March 5, 1996 when the X rays were reviewed by another doctor. On April 15, 1996 claimant filed a notice of intention to file a claim alleging the misdiagnosis resulted in a deformity...

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