Appellate Division of the Supreme Court of the State of New York November 6, 2003, Claim No. 102202 (Cruz v. State)

Crew III, J.E

Appeal from a judgment of the Court of Claims (Collins, J.), entered February 25, 2002, upon a decision of the court following a bifurcated trial in favor of defendant.

In May 1998, claimant, an inmate at Eastern Correctional Facility in Ulster County, was injured while playing a game of paddleball on one of the facility’s handball courts.