Payne v. State

Appellate Division of the Supreme Court of New York

Payne v. State

265 A.D.2d 314, 696 N.Y.S.2d 691, 1999 N.Y. App. Div. LEXIS 9637

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

DecidedOctober 4, 1999

DocketClaim No. 82873-A

StatusPublished

This text of 265 A.D.2d 314 (Payne 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

Payne v. State, 265 A.D.2d 314, 696 N.Y.S.2d 691, 1999 N.Y. App. Div. LEXIS 9637 (N.Y. Ct. App. 1999).

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Opinion

—In a claim to recover damages for wrongful death, the claimant appeals from a judgment of the Court of Claims (Ruderman, J.), dated July 17, 1998, which, after a nonjury trial, dismissed the claim.

Ordered that the judgment is affirmed, with costs.

The court’s finding that any negligence on the part of the defendant was not the proximate cause of the decedent’s injuries is supported by a fair interpretation of the evidence and should not be disturbed. Altman, J. P., Krausman, H. Miller and Schmidt, JJ., concur.

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—In a claim to recover damages for wrongful death, the claimant appeals from a judgment of the Court of Claims (Ruderman, J.), dated July 17, 1998, which, after a nonjury trial, dismissed the claim.

Ordered that the judgment is affirmed, with costs.

The court’s finding that any negligence on the part of the defendant was not the proximate cause of the decedent’s injuries is supported by a fair interpretation of the evidence and should not be disturbed. Altman, J. P., Krausman, H. Miller and Schmidt, JJ., concur.

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Bluebook (online)

265 A.D.2d 314, 696 N.Y.S.2d 691, 1999 N.Y. App. Div. LEXIS 9637, Counsel Stack Legal Research, https://law.counselstack.com/opinion/payne-v-state-nyappdiv-1999.