De Cerce v. New York State Thruway Authority

Appellate Division of the Supreme Court of New York

De Cerce v. New York State Thruway Authority

120 A.D.2d 981, 502 N.Y.S.2d 871, 1986 N.Y. App. Div. LEXIS 57089

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

DecidedMay 23, 1986

DocketClaim No. 65663

StatusPublished

This text of 120 A.D.2d 981 (De Cerce v. New York State Thruway Authority) 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

De Cerce v. New York State Thruway Authority, 120 A.D.2d 981, 502 N.Y.S.2d 871, 1986 N.Y. App. Div. LEXIS 57089 (N.Y. Ct. App. 1986).

Pincite

Opinion

— Judgment unanimously modified, on the law and facts, and, as modified, affirmed, without costs, in accordance with the following memorandum: Defendant Thruway Authority appeals an award of $482,850, plus interest, for the wrongful death of claimant’s husband in a one-car accident on the New York State Thruway on March 13, 1981.

Upon our review of the record, we find that decedent’s culpable conduct contributed to the occurrence of the accident to the extent of 50% and that the court’s award must be reduced accordingly (see, Koester v State of New York, 90 AD2d 357, 363-364). (Appeal from judgment of the Court of Claims, Lowery, J. — negligence.) Present — Denman, J. P., Green, Pine, Balio and Schnepp, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

— Judgment unanimously modified, on the law and facts, and, as modified, affirmed, without costs, in accordance with the following memorandum: Defendant Thruway Authority appeals an award of $482,850, plus interest, for the wrongful death of claimant’s husband in a one-car accident on the New York State Thruway on March 13, 1981.

Upon our review of the record, we find that decedent’s culpable conduct contributed to the occurrence of the accident to the extent of 50% and that the court’s award must be reduced accordingly (see, Koester v State of New York, 90 AD2d 357, 363-364). (Appeal from judgment of the Court of Claims, Lowery, J. — negligence.) Present — Denman, J. P., Green, Pine, Balio and Schnepp, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

120 A.D.2d 981, 502 N.Y.S.2d 871, 1986 N.Y. App. Div. LEXIS 57089, Counsel Stack Legal Research, https://law.counselstack.com/opinion/de-cerce-v-new-york-state-thruway-authority-nyappdiv-1986.

Opinion

Related

Cite This Page — Counsel Stack