Opinion
April 4, 1994
Appeal from the Court of Claims (McCabe, J.).
Ordered that the judgment is affirmed, with costs.
Great weight should be accorded to the trial court's determinations, particularly when, as here, they rest upon a resolution of issues of credibility and an assessment of the weight of the evidence (see, Amend v Hurley, 293 N.Y. 587; Levy v Kurpil, 168 A.D.2d 881, 882; Cordts v State of New York, 125 A.D.2d 746; Arnold v State of New York, 108 A.D.2d 1021). The testimony of the claimant's eyewitness was riddled with inconsistencies, and her expert failed to indicate that he considered the force used by the corrections officers in subduing the decedent after he had punched one officer in the face to be excessive (see, Johnson v Glick, 481 F.2d 1028, 1033, cert denied sub nom. Employee-Officer John v Johnson, 414 U.S. 1033; Jones v State of New York, 33 N.Y.2d 275). In addition, there was no evidence of any negligence on the part of the defendant.
The claimant's remaining contention does not require reversal. Sullivan, J.P., Miller, Joy and Friedmann, JJ., concur.