Pizarro v. State
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Spain, J.P.
Appeal from an order of the Court of Claims (Hard, J.), entered October 3, 2003, which, inter alia, granted defendant’s cross motion to dismiss the claim.
Claimant commenced this action against defendant in November 2002, alleging that he had been denied prompt and adequate medical care while incarcerated after his December 4, 1999 fall from his top bunk, which he claimed was defective due to the absence of bed rails. Claimant alleged that he sustained injury to his hands and knee in the fall, later requiring surgery on his thumb. Claimant’s notice of intent to file this claim was…
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