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.