Iovine v State of New York, 2018 NY Slip Op 06722 [165 AD3d 765]

October 10, 2018

Appellate Division, Second Department

[*1]

Robin J. Iovine, Individually and as Administratrix of the Estate of Vincent M. Iovine, Deceased, Respondent,

v

State of New York, Appellant.

Barbara D. Underwood, Attorney General, New York, NY (Anisha S. Dasgupta and Bethany A. Davis Noll of counsel), for appellant.

Simon, Eisenberg & Baum, LLP, New York, NY (Sagar Shah of counsel), for respondent.

In a claim to recover damages for wrongful death and loss of services, the defendant appeals from an interlocutory judgment of the Court of Claims (Stephen J. Lynch, J.), dated December 22, 2014. The interlocutory judgment, upon a decision of the same court dated September 10, 2014, made after a nonjury trial, found the defendant to be 33.3% at fault in the happening of the subject accident.

Ordered that the appeal is dismissed, with costs.

The appeal from the interlocutory judgment must be dismissed because the interlocutory judgment was superseded by the corrected judgment dated May 3, 2017 ( see Iovine v State of New York , 165 AD3d 766 [2018] [decided herewith]). Chambers, J.P., Austin, Cohen and Duffy, JJ., concur..