TENEZACA v. STATE

Claim No. 133121. 2021-08375.

220 A.D.3d 959 (2023)

198 N.Y.S.3d 745

2023 NY Slip Op 05414

Susana Tenezaca, Respondent, v. State of New York, Appellant.

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

Decided October 25, 2023.


Attorney(s) appearing for the Case

Letitia James , Attorney General, New York, NY ( Judith N. Vale , Eric Del Pozo , and Kristin C. Holladay of counsel), for appellant.

Ferro, Kuba, Mangano, P.C., Hauppauge, NY ( Michael N. Manolakis of counsel), for respondent.

Iannacci, J.P., Wooten, Warhit and Wan, JJ., concur.


In a claim to recover damages for personal injuries, the defendant appeals from an interlocutory judgment of the Court of Claims (Gina M. Lopez-Summa, J.), dated November 29, 2021. The interlocutory judgment, upon an order of the same court dated October 5, 2021, inter alia, granting the claimant's motion, in effect, for summary judgment on the issue of liability and dismissing the defendant's affirmative defense alleging comparative negligence and culpable conduct on her...

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