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DESTINO v. STATE OF NEW YORK

Claim No. 119498. 952 CA 21-00004.

203 A.D.3d 1598 (2022)

161 N.Y.S.3d 915

2022 NY Slip Op 01693

Francis Destino, Respondent-Appellant, v. State of New York, Appellant-Respondent. (Claim No. 119498.).

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

Decided March 11, 2022.

Attorney(s) appearing for the Case

LETITIA JAMES , ATTORNEY GENERAL, ALBANY ( KEVIN C. HU OF COUNSEL), FOR DEFENDANT-APPELLANT-RESPONDENT.

LIPSITZ GREEN SCIME CAMBRIA LLP, BUFFALO ( JOHN A. COLLINS OF COUNSEL), FOR CLAIMANT-RESPONDENT-APPELLANT.

Present —Peradotto, J.P., Carni, Lindley, Winslow and Bannister, JJ.

It is hereby ordered that the judgment so appealed from is affirmed without costs.

Memorandum: Claimant commenced this action seeking damages for injuries he sustained when the vehicle he was operating collided with a New York State Police (NYSP) vehicle responding to an emergency. Following a bifurcated trial on liability, the Court of Claims determined that defendant, State of New York (State), was 75 percent liable and claimant was 25

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