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Joseph v. State

Appellate Division of the Supreme Court of New York, Second Department
Dec 18, 1995
222 A.D.2d 558 (N.Y. App. Div. 1995)

Opinion

December 18, 1995

Appeal from the Court of Claims (Silverman, J.).


Ordered that the judgment is affirmed, without costs or disbursements.

The appellant is an inmate in a State prison who, prior to his incarceration, had undergone skin graft surgery on his eyelids. As a result of this condition, the appellant suffered what the Court of Claims characterized as "extreme pain", as well as temporary blindness, after a delousing agent had been applied to him during routine intake procedures. The Court of Claims awarded the appellant the sum of $2,500 "for past pain and suffering". Considering the appellant's pre-existing eye condition, for which the State bore no responsibility, and all the other factors relating to the appellant's proof of damages, we conclude that the sum awarded was not inadequate.

The appellant's remaining contentions are meritless. Ritter, J.P., Altman, Friedmann and Florio, JJ., concur.


Summaries of

Joseph v. State

Appellate Division of the Supreme Court of New York, Second Department
Dec 18, 1995
222 A.D.2d 558 (N.Y. App. Div. 1995)
Case details for

Joseph v. State

Case Details

Full title:AARON JOSEPH, Appellant, v. STATE OF NEW YORK, Respondent

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 18, 1995

Citations

222 A.D.2d 558 (N.Y. App. Div. 1995)
635 N.Y.S.2d 99