WILLIAMS v. STATE


56 A.D.3d 1208 (2008)

866 N.Y.S.2d 917

KINYATA WILLIAMS, Respondent, v. STATE OF NEW YORK, Appellant. (Claim No. 89535-A.)

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

November 14, 2008.


Memorandum:

On appeal from a judgment in this medical malpractice action, defendant contends that the Court of Claims erred in refusing to limit its liability to that of a successive tortfeasor liable only for the aggravation of claimant's injuries that were caused by prior malpractice. Defendant raises that contention for the first time on appeal, however, and it therefore is not properly before us (see Ciesinski v Town of Aurora, 202 A.D...

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