Rusho v. State of New York

Appeal from an order of the Court of Claims (Norman I. Siegel, J.), entered March 31, 2009 in a personal injury action. The order denied claimants’ motion for partial summary judgment and granted defendant’s cross motion for summary judgment.

It is hereby ordered that the order so appealed from is reversed on the law without costs, the cross motion is denied, the claim is reinstated, and the motion is granted.

Memorandum: Claimants commenced this action seeking damages for injuries they sustained when a state-owned vehicle *784operated by a parole officer collided with a vehicle driven by claimant…