Kientz v State of New York
2017 NY Slip Op 04747 [151 AD3d 1780]
June 9, 2017
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 2, 2017


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 Troy S. Kientz et al., Respondents, v State of New York, Appellant. (Claim No. 111676.)

Eric T. Schneiderman, Attorney General, Albany (Patrick A. Woods of counsel), for defendant-appellant.

Richard S. Juda, Jr., Buffalo, for claimants-respondents.

Appeal from a judgment of the Court of Claims (Michael E. Hudson, J.), entered February 25, 2016. The interlocutory judgment apportioned liability 60% to defendant and 40% to claimant Troy S. Kientz.

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 (2016 NY Slip Op 51887[U]). Present—Whalen, P.J., Peradotto, DeJoseph, Curran and Winslow, JJ.