Smith v. State
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtPeters, J.
Appeal from a judgment of the Court of Claims (McNamara, J.), entered December 3, 1997, upon a decision of the court in favor of the State.
Claimant Claude Smith (hereinafter Smith) slipped and fell on January 15, 1996 at approximately 9:00 a.m. while approaching building 10 of the Oswald D. Heck Developmental Center (hereinafter the facility) in Schenectady County. At the time, Smith was carrying his infant daughter to her day-care program located inside the facility. As a result of the fall, Smith and his wife, derivatively, filed a claim against the State alleging that it failed to maintain…
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