SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
November 12, 2010
VERIZON NEW YORK, INC., CLAIMANT-APPELLANT,
STATE OF NEW YORK, DEFENDANT-RESPONDENT. (CLAIM NO. 112333.)
Appeal from a judgment of the Court of Claims (Jeremiah J. Moriarty, III, J.), entered July 8, 2009. The interlocutory judgment apportioned liability 35% to defendant and 65% to claimant.
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.
PRESENT: MARTOCHE, J.P., SCONIERS, GREEN, AND PINE, JJ.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed without costs.
Claimant commenced this action alleging that defendant damaged its underground telecommunication line while performing "sidewalk/bridge" repairs in the City of Niagara Falls. After a non-jury trial on the issue of liability, the Court of Claims determined that both parties were negligent and apportioned liability 65% to claimant and 35% to defendant.
We conclude upon our review of the record that the court properly attributed a greater portion of the fault to claimant (see Denio v State of New York, 11 AD3d 914, 915, rearg granted 13 AD3d 1231, affd 7 NY3d 159; Schmidt v State of New York, 21 Misc 3d 1114[A], 2005 NY Slip Op 52377[U], affd for reasons stated 39 AD3d 1237; see generally Stewart v Manhattan & Bronx Surface Tr. Operating Auth., 60 AD3d 445, 445-446).
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