From Casetext: Smarter Legal Research

Thompson v. State of New York

Appellate Division of the Supreme Court of New York, Third Department
Mar 5, 1998
248 A.D.2d 798 (N.Y. App. Div. 1998)

Opinion

March 5, 1998

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


Following a bifurcated trial on the issue of liability, the Court of Claims dismissed claimants' claims arising from the highspeed pursuit of claimant Curtis L. Thompson by State Troopers, which resulted in Thompson's loss of control of his vehicle. Claimants have appealed.

We affirm. Resolution of the underlying claims rested upon the evaluation of sharply conflicting eyewitness testimony, as well as conflicting expert testimony. Based upon our review of the record before us, we see no reason to depart from our long-established practice of deferring to the determination of the trial court on issues of credibility ( see, e.g, Slaughter v. State of New York, 238 A.D.2d 770, 772; Matter of Krywanczyk v. Krywanczyk, 236 A.D.2d 746). Claimant's remaining contentions have been examined and found to be lacking in merit.

Cardona, P. J., White, Yesawich Jr. and Spain, JJ., concur.

Ordered that the judgment is affirmed, without costs.


Summaries of

Thompson v. State of New York

Appellate Division of the Supreme Court of New York, Third Department
Mar 5, 1998
248 A.D.2d 798 (N.Y. App. Div. 1998)
Case details for

Thompson v. State of New York

Case Details

Full title:CURTIS L. THOMPSON, an Infant, by PAUL THOMPSON, His Parent and Guardian…

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

Date published: Mar 5, 1998

Citations

248 A.D.2d 798 (N.Y. App. Div. 1998)
670 N.Y.S.2d 123

Citing Cases

Collins v. Esserman Pelter

Confronted with such information, it cannot seriously be argued that Starring was not under an obligation, in…