Diane F. v. State

In a claim to recover damages for personal injuries, the defendant appeals from an order of the Court of Claims (Lack, J.), dated December 1, 2004, which denied its motion for summary judgment dismissing the claim.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the claim is dismissed.

*733The defendant established its prima facie entitlement to judgment as a matter of law by tendering evidence that it did not breach any duty owed to the claimant (see Alvarez v Prospect Hosp., 68 NY2d 320, 324 [1986]; Ayeni v County of Nassau, 18 AD3d 409, 410 [2005]). In…