GAMACHE v. STATE OF NY.

106968.

27 Misc.3d 989 (2010)

898 N.Y.S.2d 426

JOEY GAMACHE et al., Claimants, v. STATE OF NEW YORK, Defendant. (Claim No. 106968.)

Court of Claims.

Decided March 26, 2010.


Attorney(s) appearing for the Case

Sullivan & Galleshaw, LLP ( Keith Sullivan of counsel), and Fasulo, Shalley & DiMaggio ( Louis V. Fasulo of counsel), for claimants.

Andrew M. Cuomo , Attorney General ( Ross N. Herman of counsel), for defendant.


OPINION OF THE COURT

MELVIN L. SCHWEITZER, J.

This is the court's decision on liability after a five-day trial (July 13-17, 2009) which followed the court's earlier summary judgment decision (November 26, 2008) where the court dismissed claimants' fraud and breach of contract claims, but denied defendant's motion for summary judgment with respect to claimants' negligence claim.

The claim arises from the professional boxing match between junior welterweight...

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