Corso v. State

In a claim to recover damages for personal injuries, the defendant appeals from an interlocutory judgment of the Court of Claims (Nadel, J.), dated May 18, 2009, which, upon a decision of the same court dated April 7, 2009, made after a nonjury trial on the issue of liability, finding it 75% at fault in the happening of the accident and the claimant 25% at fault, is in favor of the claimant and against it.

Ordered that the interlocutory judgment is affirmed, with costs.

The nature and degree of a penalty to be imposed pursuant to CFLR 3126 for failure to comply with discovery is within the…