Legal Opinion
Hardwick v. State
Appellate Division of the Supreme Court of the State of New York
Decided December 20, 2011PublishedCited by 6 opinions
1Opinion of the Court
Since the trial court’s apportionment of liability was based on a credibility determination, our review is limited to whether the court arrived at its conclusion by means of a fair interpretation of the evidence (see Northern Westchester Professional Park Assoc. v Town of Bedford, 60 NY2d 492, 499 [1983]; Green v William Penn Life Ins. Co. of N.Y., 74 AD3d 570, 571-573 [2010, Saxe, J., concurring]; see also Watts v State of New York, 25 AD3d 324 [2006]). The record supports the finding that claimant bears some responsibility for his injuries. However, it does not support the finding that the…
2Cases cited3 opinions
- Northern Westchester Professional Park Associates v. Town of BedfordNew York Court of Appeals · 1983
- Watts v. StateAppellate Division of the Supreme Court of the State of New York · 2006
- Green v. William Penn Life InsuranceAppellate Division of the Supreme Court of the State of New York · 2010
3Cited by6 opinions
- Baje Realty Corp. v. CutlerAppellate Division of the Supreme Court of the State of New York · 2012
- Baje Realty Corp. v. CutlerAppellate Division of the Supreme Court of the State of New York · 2012
- CDR Créances S.A.S. v. CohenAppellate Division of the Supreme Court of the State of New York · 2012
- CDR Créances S.A.S. v. CohenAppellate Division of the Supreme Court of the State of New York · 2012
- Diaz v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 2023
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