Streit v. State

Appellate Division of the Supreme Court of New York

Streit v. State

153 A.D.2d 889, 545 N.Y.S.2d 547, 1989 N.Y. App. Div. LEXIS 11796

Appellate Division of the Supreme Court of the State of New York·Decided September 18, 1989·Published

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.

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

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.

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).

Pincite

153 A.D.2d 889 (Streit v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related