Brown v. State

—In a claim to recover damages for personal injuries, the claimant appeals from a judgment of the Court of Claims (Ruderman, J.), dated July 15, 1997, which, upon a decision of the same court dated June 13, 1997, upon the defendant’s motion pursuant to CPLR 4404 (a) for judgment as a matter of law, made at the close of trial on the issue of liability only, dismissed the claim on the merits.

Ordered that the judgment is affirmed, with costs.

The claimant, Leroy Brown, was shot by a New York State Park Police Officer during the course of his arrest for possession of cocaine. Testimony at a trial…