Morris v State of New York
2009 NY Slip Op 08304 [67 AD3d 1376]
November 13, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 6, 2010


Dale J. Morris, Individually and as Parent and Natural Guardian of Stephanie Morris, an Infant, Appellant, v State of New York, Respondent. (Claim No. 106569)

—[*1] Hurwitz & Fine, P.C., Buffalo (V. Christopher Potenza of counsel) and Burden, Gulisano & Hickey, LLC, for claimant-appellant.

Wilson, Elser, Moskowitz, Edelman & Dicker LLP, Albany (Benjamin F. Neidl counsel), for defendant-respondent.

Appeal from a judgment of the Court of Claims (Jeremiah J. Moriarty, III, J.), entered October 9, 2008 in a personal injury action. The judgment dismissed the claim after a trial on liability.

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—Centra, J.P., Fahey, Peradotto, Carni and Gorski, JJ.