Legal Opinion

Cappadona v. State

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

Decided October 16, 1989No. Claim No. 64989PublishedCited by 11 opinions

1Opinion of the Court

In a claim to recover damages for wrongful death, the State of New York appeals from a judgment of the Court of Claims (Blinder, J.), dated May 6, 1987, which, upon a verdict after a nonjury trial, holding that the decedent was 50% at fault in the happening of the accident, and that the claimant’s total damages amounted to $709,048.80, is in favor of the claimant and against it in the principal sum of $354,524.40.

Ordered that the judgment is modified, on the facts, by reducing the award to the claimant from the principal sum of *499$354,524.40 to the principal sum of $150,000, representing 50% of…

2Cases cited7 opinions

  1. Spier v. BarkerNew York Court of Appeals · 1974
  2. Humphrey v. StateNew York Court of Appeals · 1983
  3. Arnold v. StateAppellate Division of the Supreme Court of the State of New York · 1985
  4. Humphrey v. StateAppellate Division of the Supreme Court of the State of New York · 1982
  5. Dowling v. DowlingAppellate Division of the Supreme Court of the State of New York · 1988

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3Cited by11 opinions

  1. Schrader v. CarneyAppellate Division of the Supreme Court of the State of New York · 1992
  2. Bunt v. Altec Industries, Inc.District Court, N.D. New York · 1997
  3. Stiggins v. Town of North DansvilleAppellate Division of the Supreme Court of the State of New York · 2017
  4. Stein v. PenatelloAppellate Division of the Supreme Court of the State of New York · 1992
  5. Zollinger v. Owens-Brockway Glass Container, Inc.District Court, N.D. New York · 2002

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