Legal Opinion
Atkins v. State of New York
Appellate Division of the Supreme Court of the State of New York
Decided December 3, 2014No. 2013-09741PublishedCited by 2 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 (LopezSumma, J), dated June 1, 2011, which, upon a decision of the same court dated April 7, 2011, made after a nonjury trial on the issue of liability, is in favor of the defendant and against her dismissing the claim.
Ordered that the judgment is affirmed, with costs.
In reviewing a determination made after a nonjury trial, the power of the Appellate Division is as broad as that of the trial court, and this Court may render the judgment it finds “warranted by the facts,” bearing in…
2Cases cited9 opinions
- Northern Westchester Professional Park Associates v. Town of BedfordNew York Court of Appeals · 1983
- Piacquadio v. Recine Realty Corp.New York Court of Appeals · 1994
- Krieger v. McDonald's Restaurant of New York, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
- Kaplan v. DePetroAppellate Division of the Supreme Court of the State of New York · 2008
- Gershfeld v. Marine Park Funeral Home, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
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3Cited by2 opinions
- Bader v. River Edge at Hastings Owners Corp.Appellate Division of the Supreme Court of the State of New York · 2018
- W.M. Movers, Inc. v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 2019