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TOMAINO v. STATE OF NEW YORK

22 Misc.3d 1013 (2008)

869 N.Y.S.2d 750

JANET TOMAINO, Claimant, v. STATE OF NEW YORK, Defendant. (Claim No. 111174.)

Court of Claims of the City of New York.

November 24, 2008.

Attorney(s) appearing for the Case

Arthur V. Graseck, Jr., Islip Terrace, for claimant.

Andrew M. Cuomo, Attorney General, Hauppauge (John L. Belford IV of counsel), for defendant.

OPINION OF THE COURT

CHRISTOPHER J. McCARTHY, J.

Claimant, Janet Tomaino, has established by a preponderance of the credible evidence that the State of New York was liable in connection with an assault and battery against her when an unnamed court officer used excessive force during an arraignment proceeding. Her amended claim also alleges that defendant was negligent and grossly negligent in the selection...

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