REAMES v. STATE (2022)

Court of Appeals of New York.

Dorothy REAMES, as Executrix of H. Carlton Reames, Deceased, Appellant, v. STATE of New York et al., Respondents.

No. 20 SSM 26

Decided: January 06, 2022

Mackenzie Hughes LLP, Syracuse (W. Bradley Hunt of counsel), for appellant. Letitia James, Attorney General, Albany (Jonathan D. Hitsous, Barbara D. Underwood, Andrea Oser and Julie M. Sheridan of counsel), for respondents.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

The Appellate Division applied the correct substantial factor test (see e.g. Brown v. State of New York, 31 N.Y.3d 514, 519–520, 80 N.Y.S.3d 665, 105 N.E.3d 1246 [2018]), and record evidence supports the Court of Claims' affirmed finding that defendants' negligence was not a substantial factor in aggravating decedent's injuries or causing his death.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs, in a memorandum.

Chief Judge DiFiore and Judges Rivera, Garcia, Wilson, Singas and Cannataro concur.

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