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AVILES v. COUNTY OF ORANGE

2019-08267. Index No. 587/19.

204 A.D.3d 740 (2022)

164 N.Y.S.3d 467

2022 NY Slip Op 02384

Daqwann Aviles, Appellant, v. County of Orange et al., Respondents.

Appellate Division of the Supreme Court of New York, Second Department.

Decided April 13, 2022.

Attorney(s) appearing for the Case

Law Office of Stephen B. Kaufman, P.C., Bronx, NY (John V. Decolator of counsel), for appellant.

Langdon C. Chapman, County Attorney, Goshen, NY (Karen Edelman-Reyes of counsel), for respondents.

Dillon, J.P., Duffy, Genovesi and Ford, JJ., concur.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the defendants' motion which was pursuant to CPLR 3211(a)(7) to dismiss the complaint insofar as asserted against the defendant County of Orange is denied.

On December 5, 2017, the plaintiff, while an inmate at the Orange County Correctional Facility (hereinafter the OCCF), allegedly was injured when he was exposed to contaminated shower water. After serving a notice...

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