Warner v State of New York
2018 NY Slip Op 07590 [166 AD3d 1526]
November 9, 2018
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 2, 2019


[*1]
 Richard H. Warner, as Executor of the Estate of Mary Dorothy Warner, Deceased, Appellant,
v
State of New York, Respondent. (Claim No. 105712.) (Appeal No. 2.)

The Cosgrove Law Firm, Buffalo (Edward C. Cosgrove of counsel), for claimant-appellant.

Barbara D. Underwood, Attorney General, Albany (Brian D. Ginsburg of counsel), for defendant-respondent.

Appeal from a judgment of the Court of Claims (J. David Sampson, J.), entered March 15, 2017. The judgment dismissed the claim after a trial.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Same memorandum as in Warner v State of New York ([appeal No. 1] 166 AD3d 1525 [4th Dept 2018]). Present—Centra, J.P., Lindley, DeJoseph, NeMoyer and Winslow, JJ.