Reames v State of New York, 37 NY3d at 1152 (2022)

2022 NY Slip Op 00039 [37 NY3d 1152]
January 6, 2022
Court of Appeals

[*1]

In the Matter of Dorothy Reames, as Executrix of H. Carlton Reames, Deceased, Appellant,
v
State of New York et al., Respondents.

Decided January 11, 2022

Reames v State of New York, 191 AD3d 1304, affirmed.

{**37 NY3d at 1152} OPINION OF THE COURT

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.

Chief Judge DiFiore and Judges Rivera, Garcia, Wilson, Singas and Cannataro concur.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs, in a memorandum.