GREGORY v. STATE


195 A.D.2d 1030 (1993)

601 N.Y.S.2d 892

David Gregory, by Leonard Gregory, His Guardian ad Litem, Appellant, v. State of New York, Respondent. (Appeal No. 1.) (Claim No. 73278.)

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

July 16, 1993


Judgment unanimously affirmed without costs.

Memorandum:

It was within the province of the trial court, as the finder of facts, to find that claimant had not met his burden of proof that he had sustained permanent injuries. The only evidence that claimant had sustained permanent injuries was the testimony of claimant's father, an interested witness, whose testimony the court was entitled to disbelieve. Moreover, the court had no way to assess the amount of...

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