Jones v. State

Del Vecchio, J. P.

The State appeals from an order denying a motion to dismiss a claim for failure to state a cause of action.

Decedent’s injuries and death occurred in the course of efforts by the New York State Police to retake control of Attica State Correctional Facility iollowing thef prison uprising in which decedent was taken a hostage. The claim by his administratrix seeks to recover from the State for false imprisonment during the period of his detention and for the injuries and death resulting from the alleged negligence and willful and intentional assault on decedent committed by the…