Reames v State of New York

Reames v State of New York 2022 NY Slip Op 00039 Decided on January 6, 2022 Court of Appeals 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.

Decided on January 6, 2022
No. 20 SSM 26

[*1]Dorothy Reames, & c., Appellant,

v

State of New York et al., Respondents.

Submitted by W. Bradley Hunt, for appellant.

Submitted by Jonathan D. Hitsous, for respondents.

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 NY3d 514, 519-520 [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, order affirmed, with costs, in a memorandum. Chief Judge DiFiore and Judges Rivera, Garcia, Wilson, Singas and Cannataro concur.

Decided January 6, 2022