Johnson v. State

—Judgment, Court of Claims (Edgar C. NeMoyer, J., based upon a trial had before Adolph C. Orlando, J.), entered on or about August 7, 1992, after trial, dismissing on the merits, a personal injury claim against defendant, unanimously affirmed, without costs.

The court properly concluded that claimant has not proved by a fair preponderance of the evidence that defendant was negligent in failing to prevent claimant from jumping out of a third floor window at the Bronx Psychiatric Center ("Center”). Although an admissions update report prepared on the day of the incident described claimant as…