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Streit v. State

153 A.D.2d 889, 545 N.Y.S.2d 547, 1989 N.Y. App. Div. LEXIS 11796
CourtAppellate Division of the Supreme Court of the State of New York
DecidedSeptember 18, 1989
StatusPublished

This text of 153 A.D.2d 889 (Streit 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
Streit v. State, 153 A.D.2d 889, 545 N.Y.S.2d 547, 1989 N.Y. App. Div. LEXIS 11796 (N.Y. Ct. App. 1989).

Opinion

In a claim to recover damages for wrongful death, the claimant appeals from a judgment of Court of Claims (Silverman, J.), dated November 9, 1987, which, after a nonjury trial, dismissed the claim for failure to make out a prima facie case.

Ordered that the judgment is affirmed, without costs or disbursements.

Upon a review of the record, we agree with Judge Silver-[890]*890man of the Court of Claims that the claimants failed to make out a prima facie showing of negligence against the State (see generally, Wragge v Lizza Asphalt Constr. Co., 17 NY2d 313; Noseworthy v City of New York, 298 NY 76). Thus, the claim was properly dismissed. Thompson, J. P., Bracken, Kunzeman and Spatt, JJ., concur.

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Related

Wragge v. Lizza Asphalt Construction Co.
217 N.E.2d 666 (New York Court of Appeals, 1966)
Noseworthy v. City of New York
80 N.E.2d 744 (New York Court of Appeals, 1948)

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Bluebook (online)
153 A.D.2d 889, 545 N.Y.S.2d 547, 1989 N.Y. App. Div. LEXIS 11796, Counsel Stack Legal Research, https://law.counselstack.com/opinion/streit-v-state-nyappdiv-1989.