Miner v. State

Appellate Division of the Supreme Court of New York

Miner v. State

277 A.D.2d 921

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

DecidedJune 27, 1950

DocketClaim No. 28984

StatusPublished

This text of 277 A.D.2d 921 (Miner 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

Miner v. State, 277 A.D.2d 921 (N.Y. Ct. App. 1950).

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Opinion

— Claimant appeals from a judgment of the Court of Claims which, after a trial thereof, dismissed his claim against the State for damages for personal injuries. The claim is founded in negligence and was dismissed upon the ground that claimant had failed to establish his freedom from contributory negligence. (See Miner v. State of New York, 196 Mise. 752, 756.) The findings upon which judgment is based are amply sustained by evidence. The marking as “ Found ” of claimant’s request for fact finding No. 33, which appears in the record on appeal, has been shown to be due to a clerical error. The original of said request has been shown to have been marked “ Refused ”. Judgment of the Court of Claims unanimously affirmed, without costs. Present — Foster, P. J., Brewster, Deyo, Bergan and Coon, JJ.

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— Claimant appeals from a judgment of the Court of Claims which, after a trial thereof, dismissed his claim against the State for damages for personal injuries. The claim is founded in negligence and was dismissed upon the ground that claimant had failed to establish his freedom from contributory negligence. (See Miner v. State of New York, 196 Mise. 752, 756.) The findings upon which judgment is based are amply sustained by evidence. The marking as “ Found ” of claimant’s request for fact finding No. 33, which appears in the record on appeal, has been shown to be due to a clerical error. The original of said request has been shown to have been marked “ Refused ”. Judgment of the Court of Claims unanimously affirmed, without costs. Present — Foster, P. J., Brewster, Deyo, Bergan and Coon, JJ.

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Bluebook (online)

277 A.D.2d 921, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miner-v-state-nyappdiv-1950.