KIRISITS v. STATE OF NY


107 A.D.2d 156 (1985)

Constance Kirisits, as Administratrix of The Estate of Sheryl Kirisits, Deceased, Appellant, v. State of New York, Respondent

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

March 1, 1985


Attorney(s) appearing for the Case

Paul William Beltz, P. C. (Robert Nichols of counsel), for appellant.

Robert Abrams, Attorney-General (Michael S. Buskus of counsel), for respondent.

HANCOCK, JR., J. P., DOERR, GREEN and O'DONNELL, JJ., concur.


DENMAN, J.

This is a wrongful death action in which claimant, administratrix of the estate of Sheryl Kirisits, appeals from a judgment of the Court of Claims which, at the close of proof, granted the State's motion to dismiss the claim. She contends that the court erred in its ruling on contributory negligence; that there was no proof of contributory negligence; that the court misperceived the issue of proximate cause; and that there was ample

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