Nado v. State of New York

—In a claim to recover damages for personal injuries, etc., the defendant State *398of New York appeals from an interlocutory judgment of the Court of Claims (Corbett, J.), dated May 27, 1994, which, after a nonjury trial on the issue of liability, found it 50% at fault and the claimant 50% at fault in the happening of the accident.

Ordered that the interlocutory judgment is affirmed, with costs.

The trial court’s conclusion that Elvira Nado’s fall was caused by her stepping into a hole in the curb, rather than by stepping off the curb, as the State suggests, was not against the weight of the…