Gangler v State of New York
2007 NY Slip Op 04953 [41 AD3d 1214]
June 8, 2007
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 15, 2007


Donald A. Gangler, Jr., Respondent, v State of New York, Appellant. (Claim No. 96352.)

—[*1] Andrew M. Cuomo, Attorney General, Albany (Frank Brady of counsel), for defendant-appellant.

Williams, Heinl, Moody & Buschman, P.C., Auburn (Simon K. Moody of counsel), for claimant-respondent.

Appeal from a judgment of the Court of Claims (Nicholas V. Midey, Jr., J.), entered April 26, 2006. The interlocutory judgment found defendant liable for injuries sustained by claimant and ordered a trial on the issue of damages.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs for reasons stated in the decision at the Court of Claims. Present—Hurlbutt, J.P., Centra, Fahey, Peradotto and Pine, JJ.