JESSIE DAVIS JR CLAIMANT APPELLANT v. THE STATE OF NEW YORK DEFENDANT RESPONDENT CLAIM NO 125370 (2022)

Supreme Court, Appellate Division, Fourth Department, New York.

JESSIE DAVIS, JR., CLAIMANT-APPELLANT, v. THE STATE OF NEW YORK, DEFENDANT-RESPONDENT. (CLAIM NO. 125370.)

789 Decided: November 18, 2022

PRESENT: LINDLEY, J.P., NEMOYER, WINSLOW, BANNISTER, AND MONTOUR, JJ.

THE DRATCH LAW FIRM, P.C., NEW YORK CITY (BRIAN M. DRATCH OF COUNSEL), FOR CLAIMANT-APPELLANT. LETITIA JAMES, ATTORNEY GENERAL, ALBANY (JONATHAN D. HITSOUS OF COUNSEL), FOR DEFENDANT-RESPONDENT.

MEMORANDUM AND ORDER

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

Memorandum: Claimant commenced this action seeking damages for injuries he allegedly sustained while he was an inmate when he fell to the ground after the table he was directed to sit on collapsed. After a nonjury trial on the issue of proximate cause and damages, the Court of Claims dismissed the claim on the ground that claimant failed to prove that defendant's negligence was a proximate cause of claimant's injuries. Claimant appeals, and we affirm. Contrary to claimant's contention, we conclude that the court's determination is supported by a fair interpretation of the evidence (see generally Reames v State of New York, 191 AD3d 1304, 1305-1306 [4th Dept 2021], affd 37 NY3d 1152 [2022]).

Entered: November 18, 2022

Ann Dillon Flynn

Clerk of the Court

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