Bahamonde v. State

265 A.D.2d 282, 696 N.Y.S.2d 688, 1999 N.Y. App. Div. LEXIS 9614

This text of 265 A.D.2d 282 (Bahamonde 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
Bahamonde v. State, 265 A.D.2d 282, 696 N.Y.S.2d 688, 1999 N.Y. App. Div. LEXIS 9614 (N.Y. Ct. App. 1999).

Opinion

—In a claim to recover damages for personal injuries, the claimant appeals from (1) a judgment of the Court of Claims (Silverman, J.), dated May 8, 1998, which, [283]*283after a nonjury trial, dismissed the claim, and (2) so much of an order of the same court, entered December 21, 1998, as denied his motion pursuant to CPLR 5015 to set aside the judgment based on newly-discovered evidence.

Ordered that the judgment is affirmed, without costs or disbursements; and it is further,

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The verdict was not against the weight of the evidence and we find no reason to disturb the conclusion of the Court of Claims that that the claimant failed to sustain his burden of proof with regard to his allegations of negligent road design or maintenance.

The claimant’s remaining contentions lack merit. Joy, J. P., Krausman, H. Miller and Feuerstein, JJ., concur.

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Bluebook (online)
265 A.D.2d 282, 696 N.Y.S.2d 688, 1999 N.Y. App. Div. LEXIS 9614, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bahamonde-v-state-nyappdiv-1999.