Jacobellis v. New York State Thruway Authority
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In a claim to recover damages for negligence, the claimant appeals from (1) a decision of the Court of Claims (Mignano, J.), dated July 20, 2007, and (2) a judgment of the same court dated August 21, 2007, which, after a nonjury trial on the issue of liability, and upon the decision, dismissed the claim.
Ordered that the appeal from the decision is dismissed, as no appeal lies from a decision (see Schicchi v J.A. Green Constr. Corp., 100 AD2d 509 [1984]); and it is further,
Ordered that the judgment is reversed, on the law, and the matter is remitted to the Court of Claims for a new trial, with…
2Cases cited12 opinions
- Cohen v. Hallmark Cards, Inc.New York Court of Appeals · 1978
- Schicchi v. J. A. Green Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1984
- Rivera v. New York City Transit AuthorityNew York Court of Appeals · 1991
- Caristo v. SanzoneNew York Court of Appeals · 2001
- Gage v. RaffenspergerAppellate Division of the Supreme Court of the State of New York · 1996
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- Capuozzo v. MillerAppellate Division of the Supreme Court of the State of New York · 2020
- Delgado v. BangAppellate Division of the Supreme Court of the State of New York · 2014
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