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AUER v. STATE OF NY

283 A.D.2d 122 (2001)

727 N.Y.S.2d 507

SARAH E. AUER, Individually and as Guardian of MELODY D. AUER, et al., Appellants, v. STATE OF NEW YORK, Respondent.

Appellate Division of the Supreme Court of the State of New York, Third Department.

June 28, 2001.

Attorney(s) appearing for the Case

Rosenblum, Ronan, Kessler & Sarachan, Albany (Michael W. Kessler of counsel), for appellants.

Eliot Spitzer, Attorney General, Albany (Michael S. Buskus of counsel), for respondent.

MERCURE, J. P., SPAIN, CARPINELLO and MUGGLIN, JJ., concur.

OPINION OF THE COURT

PETERS, J.

After a bifurcated trial arising out of a 1990 automobile accident in which Melody D. Auer was a passenger, the Court of Claims (King, J.), by decision filed on November 16, 1998, found the State 80% liable for the catastrophic physical injuries she sustained. A trial on damages resulted in a decision filed on December 30, 1999 wherein the Court of Claims (King, J.) determined that Melody's damages totaled $18,952,486, with...

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