Payne v. State of New York [2d Dept 1999

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 21, 1999

(N.Y. App. Div. Oct. 21, 1999)

Opinion

Argued June 14, 1999

October 21, 1999

Warren J. Willinger, New Rochelle, N.Y., for appellant.

Eliot L. Spitzer, Attorney-General, Albany, N.Y. (Peter H. Schiff and Michael S. Buskus of counsel), for respondent.

MYRIAM J. ALTMAN, J.P., GABRIEL M. KRAUSMAN, HOWARD MILLER and ROBERT W. SCHMIDT, JJ.

DECISION ORDER

In a claim to recover damages for wrongful death, the claimant appeals from a judgment of the Court of Claims (Ruderman, J.), dated July 17, 1998, which, after a nonjury trial, dismissed the claim.

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.