Opinion
2001-01121
Submitted February 21, 2002.
March 25, 2002.
In a claim to recover damages for personal injuries, the claimant appeals from a judgment of the Court of Claims (Silverman, J.), dated January 12, 2001, which, upon the granting of the defendant's motion to dismiss the claim made at the close of trial on the issue of liability only, dismissed the claim on the merits.
Bornstein Emanuel, P.C., Garden City, N.Y. (Kenneth Bornstein of counsel), for appellant.
Eliot Spitzer, Attorney-General, New York, N.Y. (Peter H. Schiff and Michael S. Buskus of counsel), for respondent.
Before: MYRIAM J. ALTMAN, J.P., GABRIEL M. KRAUSMAN, GLORIA GOLDSTEIN, and HOWARD MILLER, JJ.
ORDERED that the judgment is affirmed, with costs.
A determination of the Court of Claims will not be set aside as against the weight of the evidence unless its conclusions could not have been reached under any fair interpretation of the evidence (see Kojtari v. State, 282 A.D.2d 437, 438; Tomaiko v. State of New York, 211 A.D.2d 782, 783). The court's determination that the State's alleged negligence was not a proximate cause of the accident is supported by the evidence and should not be disturbed (see Ishak v. State of New York, 283 A.D.2d 610; Stanford v. State of New York, 167 A.D.2d 381, 382).
In view of the foregoing, we need not consider the State's alternative contention regarding Vehicle and Traffic Law § 1103(b).
ALTMAN, J.P., KRAUSMAN, GOLDSTEIN and H. MILLER, JJ., concur.