Mahonski v. State

*581OPINION OF THE COURT

Francis T. Collins, J.

Claimant’s motion to reopen on the basis of newly discovered evidence a claim previously settled and discontinued by agreement of the parties is denied.

The movant herein filed a claim as administratrix of the estate of George Mahonski on May 24, 1995. The claim sought to recover damages for the decedent’s wrongful death and conscious pain and suffering as the result of a one-vehicle accident which occurred on Route 9 in the City of Albany, New York, on January 27, 1994. Following a trial the court found liability on behalf of the State and awarded…