Appellate Division of the Supreme Court of the State of New York December 15, 1997 (Clark v. State)

—In a claim to recover damages for personal injuries, the defendant appeals from a judgment of the Court of Claims (Ruderman, J.), dated July 2, 1996, which, upon a finding that the claimant and the defendant are each 50% at fault in the happening of the accident, is in favor of the claimant and against the defendant in the principal sum of $54,067.