Blanchard v State of New York
2008 NY Slip Op 07412 [55 AD3d 1362]
October 3, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 10, 2008


Andrew Charles Blanchard, as Parent and Natural Guardian of Makayla Diana Blanchard, an Infant, and as Administrator of the Estate of Sara Lynette Wellmon, Deceased, Respondent, v State of New York, Appellant.

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

Sugarman Law Firm, LLP, Syracuse (Timothy J. Perry of counsel), for claimant-respondent.

Appeal from a judgment of the Court of Claims (Diane L. Fitzpatrick, J.), entered August 14, 2007. The interlocutory judgment, entered upon a nonjury trial, found defendant liable for Sara Lynette Wellmon's accident and wrongful death and ordered a trial on the issue of damages.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs for reasons stated in the decision at the Court of Claims. Present—Scudder, P.J., Hurlbutt, Martoche, Smith and Lunn, JJ.