Appellate Division of the Supreme Court of New York, 1995

Arroyo v. State

Arroyo v. State
Appellate Division of the Supreme Court of New York · Decided October 10, 1995
220 A.D.2d 472; 632 N.Y.S.2d 583
Arroyo v. State

Opinion of the Court

—In a claim to recover *473damages for personal injuries, the claimant appeals, on the ground of inadequacy, from a judgment of the Court of Claims (Rossetti, J.), entered May 19, 1993, which, after a nonjury trial, awarded him damages in the principal sum of $10,000.

Ordered that the judgment is affirmed, without costs or disbursements.

Contrary to the claimant’s contention, the trial court’s finding that he failed to establish that he suffered from a seizure disorder was not against the weight of the evidence. While the court should have granted the claimant’s motion to reopen the trial to admit the results of a neurological evaluation (see, Matter of Village of Roslyn Harbor [Berger], 26 AD2d 936), upon our review and consideration of those records, together with the other evidence and testimony in this case, we conclude that a different result is not warranted by the facts. O’Brien, J. P., Joy, Altman and Florio, JJ., concur.

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