Legal Opinion
Scott v. State
New York Court of Claims
Decided September 24, 1986No. Claim No. 64435PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Leonard Silverman, J.
Claimants seek to vacate or set aside that portion of the court’s memorandum-decision filed on June 9, 1986, in which we found in favor of the defendant on the counterclaim. This relief is sought pursuant to CPLR 4404 or, in the alternative, CPLR 5015.
The claim arose as a result of an automobile accident in which Scott Gildea was the driver and Lynn Gildea was the passenger. Following a bifurcated trial, we determined that claimant’s vehicle left the road as a result of driver error, but the State’s negligence compounded the injuries. We apportioned…
2Cases cited12 opinions
- Feinstein v. BergnerNew York Court of Appeals · 1979
- Fashion Page, Ltd. v. Zurich InsuranceNew York Court of Appeals · 1980
- McDonald v. Ames Supply Co.New York Court of Appeals · 1968
- Shaw v. ShawAppellate Division of the Supreme Court of the State of New York · 1983
- McMullen v. ArnoneAppellate Division of the Supreme Court of the State of New York · 1981
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3Cited by2 opinions
- Kokalari v. KokalariAppellate Division of the Supreme Court of the State of New York · 1990
- DeMille v. DeMilleNew York Supreme Court · 2004