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Troche v. State

Appellate Division of the Supreme Court of New York, Second Department
May 11, 1987
130 A.D.2d 573 (N.Y. App. Div. 1987)

Opinion

May 11, 1987

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


Ordered that the judgment is affirmed, with costs.

The claimant, an inmate in a correctional facility, injured himself when he tripped over a rope, which cordoned off a flower bed, while engaged in a game of softball. The record amply supports the determination of the Court of Claims that the claimant failed to sustain his burden of proving by a fair preponderance of the credible evidence that the State failed to exercise reasonable care in the maintenance of the area in question (see, Basso v. Miller, 40 N.Y.2d 233; Scaduto v. State of New York, 86 A.D.2d 682). Bracken, J.P., Brown, Rubin and Spatt, JJ., concur.


Summaries of

Troche v. State

Appellate Division of the Supreme Court of New York, Second Department
May 11, 1987
130 A.D.2d 573 (N.Y. App. Div. 1987)
Case details for

Troche v. State

Case Details

Full title:ADALBERTO A. TROCHE, Appellant, v. STATE OF NEW YORK, Respondent

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

Date published: May 11, 1987

Citations

130 A.D.2d 573 (N.Y. App. Div. 1987)