GALLINA v. STATE


115 A.D.2d 251 (1985)

Arthur Gallina, Individually and as Parent and Natural Guardian of Louis Gallina, an Infant Now Emancipated, Respondent-Appellant, v. State of New York, Appellant-Respondent. (Claim No. 61128-A.)

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

November 15, 1985


Judgment unanimously affirmed, with costs to claimant.

Memorandum:

Claimant son, a passenger in a motor vehicle, suffered serious injuries in an accident. He settled with the drivers and tried his claim against the State of New York. Since the State was found 50% responsible, the judgment against the State was for 50% of the total damages found (General Obligations Law § 15-108 [a]). Claimant father asserted a derivative claim for medical expenses and...

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