Martinez v. State

In a claim to recover damages for personal injuries, the defendant appeals from an interlocutory judgment of the Court of Claims (Lack, J.), dated October 29, 2004, which, after a nonjury trial on the issue of liability, and upon a decision of the same court dated September 28, 2004 finding it 30% liable for the happening of the accident, is in favor of the claimant and against it.

Ordered that the interlocutory judgment is reversed, on the law, with costs, and the claim is dismissed.

The facts in this matter are set forth in Martinez v County of Suffolk (17 AD3d 643 [2005]). The claimants…