Aykut v. State

Appellate Division of the Supreme Court of New York

Aykut v. State

67 A.D.2d 1036, 413 N.Y.S.2d 890, 1979 N.Y. App. Div. LEXIS 10846

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 8, 1979

DocketClaim No. 58883

StatusPublished

This text of 67 A.D.2d 1036 (Aykut v. State) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Aykut v. State, 67 A.D.2d 1036, 413 N.Y.S.2d 890, 1979 N.Y. App. Div. LEXIS 10846 (N.Y. Ct. App. 1979).

Pincite

Opinion

— Appeal from a judgment, entered May 24, 1977, upon a decision of the Court of Claims which dismissed claimants’ claim on the merits. The claimant, Dr. Aykut, was employed by the State and in conjunction with his employment was provided with an apartment for himself and his wife. While claimant and his wife were absent from their apartment, [1037]*1037they were evicted therefrom and their belongings removed to another portion of the defendant’s premises. As a consequence, in this action they sought to recover damages for the "carelessness, negligence and wrongful act of the State of New York, its agents, servants and/or employees * * * in carelessly, negligently and improperly evicting the claimants from premises”. An examination of the record reveals that there were issues of fact dependent primarily upon credibility and that the findings of the trial court are not against the weight of the evidence and its conclusions upon those findings are not legally erroneous. Judgment affirmed, without costs. Mahoney, P. J., Sweeney, Staley, Jr., Main and Herlihy, JJ., concur.

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— Appeal from a judgment, entered May 24, 1977, upon a decision of the Court of Claims which dismissed claimants’ claim on the merits. The claimant, Dr. Aykut, was employed by the State and in conjunction with his employment was provided with an apartment for himself and his wife. While claimant and his wife were absent from their apartment, [1037]*1037they were evicted therefrom and their belongings removed to another portion of the defendant’s premises. As a consequence, in this action they sought to recover damages for the "carelessness, negligence and wrongful act of the State of New York, its agents, servants and/or employees * * * in carelessly, negligently and improperly evicting the claimants from premises”. An examination of the record reveals that there were issues of fact dependent primarily upon credibility and that the findings of the trial court are not against the weight of the evidence and its conclusions upon those findings are not legally erroneous. Judgment affirmed, without costs. Mahoney, P. J., Sweeney, Staley, Jr., Main and Herlihy, JJ., concur.

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Bluebook (online)

67 A.D.2d 1036, 413 N.Y.S.2d 890, 1979 N.Y. App. Div. LEXIS 10846, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aykut-v-state-nyappdiv-1979.