New York Court of Claims November 23, 1982, Claim No. 61242 (Tabone v. State)

OPINION OF THE COURT

Thomas J. Lowery, J.

The claimant, David Tabone, seeks to recover damages for personal injuries sustained on July 14, 1976, when he *865was severely burned during a training exercise at the Genesee County Fire Training Center in Batavia, New York.1 Liability is predicated on the State’s negligence in providing claimant with an appliance that was unsafe for its intended use.