Livingston v. State

Judgment unanimously affirmed without costs. Memorandum: We reject claimant’s contention that the award of damages for injuries sustained in two incidents at Attica Correctional Facility (Livingston v State of New York, 254 AD2d 694) was inadequate. The record establishes that claimant suffered a cut on his right eyelid and a bruise on his right arm. There is no evidence to support the contention of claimant on summation that he sustained a chipped tooth in one of the incidents, and the testimony of claimant that he sustained a dislocated shoulder was refuted by the testimony of the nurse who…