Terry v. State

Appellate Division of the Supreme Court of New York

Terry v. State

39 A.D.3d 846, 832 N.Y.S.2d 809

Appellate Division of the Supreme Court of the State of New York·Decided April 24, 2007·Published·Cited by 7 cases

Opinion

In a claim to recover damages for personal injuries, the claimant appeals from (1) a decision of the Court of Claims (Scuccimarra, J.), dated October 26, 2005, made after a nonjury trial on the issue of liability, and (2) a judgment of the same court dated November 18, 2005, which, upon the decision, dismissed the claim.

Ordered that the appeal from the decision is dismissed, as no appeal lies from a decision (see Schicchi v J.A. Green Constr. Corp., 100 AD2d 509 [1984]); and it is further,

Ordered that the judgment is affirmed; and it is further,

Ordered that one bill of costs is awarded to the respondent.

Where, as here, a case is tried without a jury, this Court’s power to review the evidence is as broad as that of the trial court, “taking into account in a close case the fact that the trial judge had the advantage of seeing the witnesses” (Northern Westchester Professional Park Assoc. v Town of Bedford, 60 NY2d 492,. 499 [1983] [internal quotation marks and citation omitted]; see Letterese v State of New York, 33 AD3d 593 [2006]). The trial court’s determination in this case rests in large measure upon its assessment of the credibility of witnesses, and we find no reason to disturb it (see Tornheim v Kohn, 31 AD3d 748 [2006]). Miller, J.P., Santucci, Florio and Lifson, JJ., concur.

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In a claim to recover damages for personal injuries, the claimant appeals from (1) a decision of the Court of Claims (Scuccimarra, J.), dated October 26, 2005, made after a nonjury trial on the issue of liability, and (2) a judgment of the same court dated November 18, 2005, which, upon the decision, dismissed the claim.

Ordered that the appeal from the decision is dismissed, as no appeal lies from a decision (see Schicchi v J.A. Green Constr. Corp., 100 AD2d 509 [1984]); and it is further,

Ordered that the judgment is affirmed; and it is further,

Ordered that one bill of costs is awarded to the respondent.

Where, as here, a case is tried without a jury, this Court’s power to review the evidence is as broad as that of the trial court, “taking into account in a close case the fact that the trial judge had the advantage of seeing the witnesses” (Northern Westchester Professional Park Assoc. v Town of Bedford, 60 NY2d 492,. 499 [1983] [internal quotation marks and citation omitted]; see Letterese v State of New York, 33 AD3d 593 [2006]). The trial court’s determination in this case rests in large measure upon its assessment of the credibility of witnesses, and we find no reason to disturb it (see Tornheim v Kohn, 31 AD3d 748 [2006]). Miller, J.P., Santucci, Florio and Lifson, JJ., concur.

Terry v. State, 39 A.D.3d 846, 832 N.Y.S.2d 809 (N.Y. Ct. App. 2007).

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Opinion

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