Russo v. State

from a *1555judgment of the Court of Claims (Philip J. Patti, J.), entered January 12, 2007 in an action for negligence and medical malpractice. The judgment dismissed the claim after trial.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: Claimant, an inmate in a correctional facility, commenced this action alleging that defendant negligently delayed diagnosis and treatment of his back injury, resulting in further injury, pain and disability. The Court of Claims properly granted judgment in favor of defendant after trial. Claimant failed to…