HELLMANN v. STATE


174 A.D.2d 981 (1991)

John E. Hellmann, Appellant, v. State of New York, Respondent. (Claim No. 70474.)

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

June 7, 1991


Judgment unanimously reversed on the law and facts without costs, judgment granted in favor of claimant on the issue of liability, and new trial granted, in accordance with the following Memorandum: The Court of Claims erred in dismissing claimant's action on the ground that "claimant ha[d] failed to prove a prima facie case". Our analysis of the evidence does not support the trial court's resolution and its conclusion of nonliability on the part of the State (see...

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