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SMITH v. STATE OF NEW YORK

101 A.D.2d 1001 (1984)

Michael Smith et al., Appellants, v. State of New York, Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

May 25, 1984

Judgment unanimously affirmed, without costs.

Memorandum:

At the close of claimant's direct case, the State moved to dismiss for claimant's failure to prove a prima facie case and the court reserved decision. When the trial was completed, the court granted the State's motion and dismissed claimant's claim. We affirm, but for a different reason from that relied upon by the trial court. ¶ Claimant was injured...

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