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Vizzari v. State

Appellate Division of the Supreme Court of New York, Second Department
Jun 8, 1992
184 A.D.2d 564 (N.Y. App. Div. 1992)

Opinion

June 8, 1992

Appeal from the Court of Claims (Lengyel, J.).


Ordered that the judgment is affirmed, with costs.

The claimant Patsy Vizzari fell from a ladder and fractured his left hip while working at a construction site at the State University of New York at Purchase. In a bifurcated trial, the defendant State of New York was found liable for the accident pursuant to Labor Law § 240. Following a trial on the issue of damages, the court awarded the claimant Patsy Vizzari the principal sum of $120,000 and the claimant Frances Vizzari the principal sum of $10,000. In a written decision, the court divided the award into damages for lost wages and benefits, medical costs, pain and suffering, and loss of Patsy Vizzari's services. On appeal, the claimants contend that the Court of Claims erred in finding that there was insufficient medical testimony to causally link the accident to Patsy Vizzari's alleged back injury.

Contrary to the claimants' contentions, however, the court's written decision makes it clear that its determination was based upon factual conclusions arrived at by weighing the evidence presented by both parties. In such situations, this court will not disturb the court's findings and determinations unless they are against the weight of the evidence or contrary to law (see, Schock v. State of New York, 168 A.D.2d 491; Ahnert v. State of New York, 127 A.D.2d 927). A trial court's resolution of questions of credibility is particularly within its domain and should not be disturbed on appeal if supported by the record (see, Hanna v State of New York, 152 A.D.2d 881).

We have reviewed the claimants' remaining contentions and find them to be without merit. Thompson, J.P., Rosenblatt, Miller and O'Brien, JJ., concur.


Summaries of

Vizzari v. State

Appellate Division of the Supreme Court of New York, Second Department
Jun 8, 1992
184 A.D.2d 564 (N.Y. App. Div. 1992)
Case details for

Vizzari v. State

Case Details

Full title:PATSY VIZZARI et al., Appellants, v. STATE OF NEW YORK, Respondent

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 8, 1992

Citations

184 A.D.2d 564 (N.Y. App. Div. 1992)
584 N.Y.S.2d 332

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