Iovine v. State of New York

2018 NY Slip Op 6722

Opinion

Iovine v State of New York (2018 NY Slip Op 06722)

Iovine v State of New York

2018 NY Slip Op 06722

Decided on October 10, 2018

Appellate Division, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on October 10, 2018 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
CHERYL E. CHAMBERS, J.P.
LEONARD B. AUSTIN
JEFFREY A. COHEN
COLLEEN D. DUFFY, JJ.

2015-02154

[*1]Robin J. Iovine, etc., respondent,

v

State of New York, appellant. (Claim No. 114517)

Barbara D. Underwood, Attorney General, New York, NY (Anisha S. Dasgupta and Bethany A. Davis Noll of counsel), for appellant.

Simon, Eisenberg & Baum, LLP, New York, NY (Sagar Shah of counsel), for respondent.

DECISION & ORDER

In a claim to recover damages for wrongful death and loss of services, the defendant appeals from an interlocutory judgment of the Court of Claims (Stephen J. Lynch, J.), dated December 22, 2014. The interlocutory judgment, upon a decision of the same court dated September 10, 2014, made after a nonjury trial, found the defendant to be 33.3% at fault in the happening of the subject accident.

ORDERED that the appeal is dismissed, with costs.

The appeal from the interlocutory judgment must be dismissed because the interlocutory judgment was superseded by the corrected judgment dated May 3, 2017 (see Iovine v State of New York_____ AD3d _____[Appellate Division Docket No. 2017-06838; decided herewith]).

CHAMBERS, J.P., AUSTIN, COHEN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court