Payne v. State

Full title: HAROLD J. PAYNE, ETC., appellant, v. STATE OF NEW YORK, respondent

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

Date published: Oct 4, 1999

265 A.D.2d 314 (N.Y. App. Div. 1999)

696 N.Y.S.2d 691

Opinion

Argued June 14, 1999

October 4, 1999

In a claim to recover damages for wrongful death, the claimant appeals from a judgment of the Court of Claims (Ruderman, J.).

ORDERED that the judgment is affirmed, with costs.

The court's finding that any negligence on the part of the defendant was not the proximate cause of the decedent's injuries is supported by a fair interpretation of the evidence and should not be disturbed.

ALTMAN, J.P., KRAUSMAN, H. MILLER, and SCHMIDT, JJ., concur.