Legal Opinion

Belluardo v. State

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

Decided August 29, 2012Published

1Opinion of the Court

In a claim to recover damages for medical malpractice, etc., the claimants appeal from a judgment of the Court of Claims (Lack, J.), dated November 12, 2010, which, upon a decision of the same court dated September 24, 2010, made after a nonjury trial, is in favor of the defendant and against them, dismissing the claim. The notice of appeal from the decision is deemed a notice of appeal from the judgment (see CPLR 5512 [a]).

Ordered that the judgment is affirmed, with costs.

“ ‘In reviewing a determination made after a nonjury trial, this Court’s power is as broad as that of the trial court,…

2Cases cited12 opinions

  1. Northern Westchester Professional Park Associates v. Town of BedfordNew York Court of Appeals · 1983
  2. Dermatossian v. New York City Transit AuthorityNew York Court of Appeals · 1986
  3. Burgos v. Aqueduct Realty Corp.New York Court of Appeals · 1998
  4. BRK Properties, Inc. v. Wagner Ziv Plumbing & Heating Corp.Appellate Division of the Supreme Court of the State of New York · 2011
  5. Goldberg v. HorowitzAppellate Division of the Supreme Court of the State of New York · 2010

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