Martinez v State of New York, 2019 NY Slip Op 00108 [168 AD3d 710]

January 9, 2019

Appellate Division, Second Department

[*1]

George Martinez, Appellant,

v

State of New York et al., Respondents.

Schwartzapfel Lawyers, P.C. (Alexander J. Wulwick of counsel), for appellant.

Cartafalsa, Slattery, Turpin & Lenoff, New York, NY (Michael J. Lenoff of counsel), for respondents.

In a claim to recover damages for wrongful death and conscious pain and suffering, the claimant appeals from an order of the Court of Claims (David A. Weinstein, J.), dated October 18, 2016. The order granted the defendants’ motion for summary judgment dismissing the claim.

Ordered that the order is affirmed, with costs.

The background facts as to this claim and a related action commenced by the claimant herein in the Supreme Court, Queens County, are set forth in this Court’s decision and order on a companion appeal ( see Martinez v City of New York , 168 AD3d 709 [2019] [decided herewith]). In the companion appeal, this Court is affirming, insofar as appealed from, an order of the Supreme Court, Queens County (Janice A. Taylor, J.), entered May 18, 2016, that awarded summary judgment to the defendant E.C.C.O. III Enterprises, Inc., on the ground that the plaintiff was unable to identify the cause of the decedent’s accident.

In an order dated October 18, 2016, the Court of Claims, in light of the order of the Supreme Court, Queens County, entered May 18, 2016, granted the defendants’ motion for summary judgment dismissing the claim on the basis of the doctrine of collateral estoppel. The claimant appeals.

On appeal, the claimant raises the same arguments as those he raised in the companion appeal, which this Court is holding to be without merit ( see Martinez v City of New York , 168 AD3d 709 [2019] [decided herewith]). Accordingly, we affirm.

In light of our determination, we need not reach the claimant’s remaining contentions. Dillon, J.P., Balkin, Miller and Iannacci, JJ., concur..