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Moore v. State of New York

Appellate Division of the Supreme Court of New York, Second Department
Dec 31, 2001
289 A.D.2d 544 (N.Y. App. Div. 2001)

Opinion

2001-10992, 2000-10083

Argued December 6, 2001.

December 31, 2001.

In a claim to recover damages for personal injuries, the claimant, Cilicia Moore a/k/a Sharon Sheperd, appeals from a judgment of the Court of Claims (Ruderman, J.), dated October 5, 2000, which, after a nonjury trial on the issue of liability, dismissed the claim.

Shandell, Blitz, Blitz, Bookson Kern, LLP, New York, N.Y. (Arthur Blitz and Laurence J. Sass of counsel), for appellant.

Eliot Spitzer, Attorney-General, New York, N Y (Peter G. Crary and Julie M. Sheridan of counsel), for respondent.

Before: GLORIA GOLDSTEIN, J.P., LEO F. McGINITY, HOWARD MILLER, SANDRA L. TOWNES, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed, with costs.

We find no basis to disturb the determination of the Court of Claims that the claimant failed to prove by a preponderance of the evidence that the State of New York was negligent in failing to maintain the area where the claimant fell in a reasonably safe condition under the circumstances (see, Bowers v. State of New York, 241 A.D.2d 760, 761; Condon v. State of New York, 193 A.D.2d 874, 875).

GOLDSTEIN, J.P., McGINITY, H. MILLER and TOWNES, JJ., concur.


Summaries of

Moore v. State of New York

Appellate Division of the Supreme Court of New York, Second Department
Dec 31, 2001
289 A.D.2d 544 (N.Y. App. Div. 2001)
Case details for

Moore v. State of New York

Case Details

Full title:CILICIA MOORE, a/k/a SHARON SHEPERD, Appellant, v. STATE OF NEW YORK…

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

Date published: Dec 31, 2001

Citations

289 A.D.2d 544 (N.Y. App. Div. 2001)
735 N.Y.S.2d 794