Elnandes v. State

Appeal from a judgment of the Court of Claims (Sise, J.), entered August 24, 2003, which granted defendant’s motion to dismiss the claim.

The trial in this inmate-on-inmate assault case, wherein claimant seeks to hold defendant responsible for his injuries on negligence principles, was tried prior to the Court of Appeals decision in Sanchez v State of New York (99 NY2d 247 [2002]). In granting defendant’s motion to dismiss at the close of claimant’s proof, the Court of Claims applied the former standard (see Smith v State of New York, 284 AD2d 741 [2001]), which was rejected by the Court of…