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eBook details

• Title: Frank Calderazzo v. State New York Et Al.
• Author : Supreme Court of New York
• Release Date : January 13, 1980
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 65 KB

Description

Appeal from an order of the Court of Claims, entered October 10, 1978, which dismissed the claim against the State of New York and the State Department of Transportation as untimely. On May 6, 1977, claimant sustained personal injuries when the vehicle he was operating was allegedly caused to leave a State highway and strike a telephone pole because of poor highway maintenance. A notice of claim was served on the Attorney-General on July 12, 1977. No copy of this notice or a notice of intention was served on the Clerk of the Court of Claims. A year later a claim was filed with the court. On September 18, 1978, the State and the Department of Transportation moved to dismiss the claim on the ground that no claim or notice of intention was ever timely filed with the court. The motion was granted and this appeal ensued. Claimants contention that the 1976 amendment to the Court of Claims Act (L 1976, ch 280, § 2) presently permits leave to late file a claim or notice when the State has notice of the essential facts constituting the claim, has had an opportunity to investigate [74 A.D.2d 954 Page 955]

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