Public-domain · open source
OpenJurist

153 A.D.2d 889

Streit v. State

Appellate Division of the Supreme Court of the State of New York · decided 1989-09-18

Decided 1989-09-18

¶1In a claim to recover damages for wrongful death, the claimant appeals from a judgment of Court of Claims (Silverman, J.), dated November 9, 1987, which, after a nonjury trial, dismissed the claim for failure to make out a prima facie case.

¶2Ordered that the judgment is affirmed, without costs or disbursements.

¶3Upon a review of the record, we agree with Judge Silver-*890man of the Court of Claims that the claimants failed to make out a prima facie showing of negligence against the State (see generally, Wragge v Lizza Asphalt Constr. Co., 17 NY2d 313; Noseworthy v City of New York, 298 NY 76). Thus, the claim was properly dismissed. Thompson, J. P., Bracken, Kunzeman and Spatt, JJ., concur.

/153/ad2d/889 · .json · Public domain