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LURIE v. STATE

73 A.D.2d 1006 (1980)

Joseph Lurie, Individually and as Administrator of The Estate of Miriam Lurie, Deceased, Appellant, v. State of New York et al., Respondents. (Claim No. 59811.)

Appellate Division of the Supreme Court of the State of New York, Third Department.

January 24, 1980

The claim herein alleges that decedent's death on May 14, 1975 was caused by the negligence of the respondent. The motion to dismiss was based on the fact that the claim was not filed until November 25, 1975, more than 90 days following claimant's appointment as administrator. The notice of intention to file a claim was not filed with the clerk of the Court of Claims as required by the statute, but only with the office of the Attorney...

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