NEWBORN ARIAS v. STATE OF NEW YORK


33 A.D.3d 951 (2006)

822 N.Y.S.2d 727

CHRISTINE NEWBORN ARIAS, Appellant, v. STATE OF NEW YORK, Respondent.

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

Decided October 31, 2006.


Ordered that the judgment is affirmed insofar as appealed from, with costs.

Contrary to the claimant's contention, the evidence adduced at trial did not preponderate in favor of a finding that the decedent was aware of his impending death (see Cummins v County of Onondaga, 84 N.Y.2d 322 [1994]). Accordingly, the amount awarded by the Court of Claims for conscious pain and suffering did not deviate materially from what would...

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