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GARDNER v. STATE

1345 CA 10-00892.

79 A.D.3d 1635 (2010)

914 N.Y.S.2d 537

BRANDON WILLIAM GARDNER, Individually and as Administrator with Will Annexed of the Estate of WILLIAM G. GARDNER, Deceased, et al., Appellants, v. STATE OF NEW YORK, Respondent. (Claim No. 109520.) Appellant.

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

Decided December 30, 2010.

It is hereby ordered that the judgment so appealed from is unanimously reversed on the law without costs, the claim is reinstated, judgment on liability is granted in favor of claimants and the matter is remitted to the Court of Claims for a trial on the issue of damages only.

Memorandum: Claimants commenced this wrongful death action seeking damages for the fatal injuries sustained by decedent when the vehicle he was driving...

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