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ARCHER v. CITY OF NEW YORK

2019-08070. Index No. 500044/13.

204 A.D.3d 872 (2022)

164 N.Y.S.3d 838

2022 NY Slip Op 02522

Corey Archer, Appellant, v. City of New York, Respondent.

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

Decided April 20, 2022.

Attorney(s) appearing for the Case

Subin Associates, LLP (Pollack, Pollack, Isaac & DeCicco, LLP, New York, NY [Brian J. Isaac and Michael H. Zhu], of counsel), for appellant.

Sylvia O. Hinds-Radix, Corporation Counsel, New York, NY (Melanie T. West and Amy McCamphill of counsel), for respondent.

Barros, J.P., Connolly, Brathwaite Nelson and Miller, JJ., concur.

Ordered that the order is affirmed, with costs.

The plaintiff commenced this action to recover damages for personal injuries stemming from a physical altercation he had with another inmate while the plaintiff was in the custody of the New York City Department of Correction. After a second jury trial, the jury returned a verdict in favor of the defendant, finding that defendant was negligent, but that the defendant's negligence was not a substantial factor in causing...

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