DIAZ v. STATE OF NEW YORK

Appeal No. 768-769. Case No. 2022-03897, 2022-03898.

220 A.D.3d 480 (2023)

196 N.Y.S.3d 80

2023 NY Slip Op 05185

Severo Martin Diaz, Appellant, v. State of New York, Respondent.

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

Decided October 12, 2023.


Attorney(s) appearing for the Case

Michael J. Aviles & Associates LLC, New York ( Natascia Ayers of counsel), for appellant.

Letitia James , Attorney General, New York ( Elizabeth A. Brody of counsel), for respondent.

Concur—Webber, J.P., Kern, Singh, Scarpulla, Rosado, JJ.


Judgment, Court of Claims of the State of New York (Richard E. Sise, J.), entered May 31, 2022, after a nonjury trial, in this action arising from a motor vehicle accident, apportioning 70% liability to claimant and 30% liability to defendant and setting the matter down for trial on the issues of serious injury and damages, unanimously affirmed, without costs. Appeal from order, same court and Judge, entered May 13, 2022, which made findings of fact as to liability and directed...

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