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Preis v. State

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


March 16, 2010

ERICH J. PREIS, APPELLANT,
v.
STATE OF NEW YORK, RESPONDENT.

In a claim to recover damages for personal injuries, the claimant appeals from a judgment of the Court of Claims (Milano, J.), dated November 6, 2008, which, upon a decision of the same court dated October 3, 2008, made after a non-jury trial on the issue of liability, is in favor of the defendant and against him dismissing the claim.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

JOSEPH COVELLO, J.P., HOWARD MILLER, RUTH C. BALKIN and CHERYL E. CHAMBERS, JJ.

(Claim No. 111565)

DECISION & ORDER

ORDERED that the judgment is affirmed, without costs or disbursements.

On the record before us, we discern no basis to disturb the finding of the Court of Claims that the claimant's own negligence in choosing to leave an illuminated shoulder along a road was the sole proximate cause of the accident in question (see Young v New York Thruway Auth., 76 AD2d 834; Lyons v State of New York, 274 AD 1086).

COVELLO, J.P., MILLER, BALKIN and CHAMBERS, JJ., concur.

20100316

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