WARNER v. STATE OF NEW YORK

Claim No. 98768, Claim No. 105712, 83 CA 14-00707.

125 A.D.3d 1324 (2015)

RICHARD H. WARNER, Individually and as Guardian of MARY DOROTHY WARNER, an Incapacitated Person, Appellant, v. STATE OF NEW YORK, Respondent. (Claim No. 98768.) RICHARD H. WARNER, as Executor of MARY DOROTHY WARNER, Deceased, Appellant, v. STATE OF NEW YORK, Respondent. (Claim No. 105712.) (Appeal No. 1.)

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

Decided February 6, 2015.


It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the motion is denied, and the claims are reinstated.

Memorandum: In appeal No. 1, claimant appeals from an order granting defendant's motion for summary judgment and dismissing two separate claims, one seeking damages for personal injuries sustained by claimant's decedent...

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