Legal Opinion

Emmi v. State

Appellate Division of the Supreme Court of the State of New York

Decided October 24, 1988No. Claim No. 68691PublishedCited by 6 opinions

1Opinion of the Court

In a claim to recover damages for personal injuries, the claimant appeals from a judgment of the Court of Claims (Lengyel, J.), dated April 23, 1987, which, after a nonjury trial, is in favor of the State and against him.

Ordered that the judgment is reversed, on the facts and as a matter of discretion, without costs or disbursements, and claimant is awarded judgment against the State on the issue of liability to the extent that the State is found 50% at fault in the happening of the accident, the remaining 50% of the fault is apportioned to the claimant, and matter is remitted to the Court of…

2Cases cited4 opinions

  1. Northern Westchester Professional Park Associates v. Town of BedfordNew York Court of Appeals · 1983
  2. Miller v. State of New YorkNew York Court of Appeals · 1984
  3. York Mortgage Corp. v. Clotar Construction Corp.New York Court of Appeals · 1930
  4. Cooper v. Smithtown Central School DistrictAppellate Division of the Supreme Court of the State of New York · 1981

3Cited by6 opinions

  1. McGowan v. StateAppellate Division of the Supreme Court of the State of New York · 2010
  2. Stevens v. StateAppellate Division of the Supreme Court of the State of New York · 2008
  3. In re Lillian R.Appellate Division of the Supreme Court of the State of New York · 1993
  4. Jones v. StateAppellate Division of the Supreme Court of the State of New York · 2009
  5. Pollard v. StateAppellate Division of the Supreme Court of the State of New York · 1991

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