DREGER v. NEW YORK STATE THRUWAY AUTH.


81 N.Y.2d 721 (1992)

Walter Dreger et al., Appellants, v. New York State Thruway Authority, Respondent. Patricia Charbonneau, as Administratrix of The Estate of Roland Charbonneau, Deceased, Appellant, v. State of New York, Respondent. Janet Dalton, as Administratrix of The Estate of Jackson C. Dalton, Deceased, Appellant, v. State of New York, Respondent.

Court of Appeals of the State of New York.

Decided December 16, 1992.


Attorney(s) appearing for the Case

Lewis & Stanzione, Catskill (Ralph C. Lewis, Jr., of counsel), for Walter Dreger and another, appellants in the first above-entitled action.

Saperston & Day, P. C., Buffalo (Thomas F. Segalla and Peter L. Powers of counsel), for Patricia Charbonneau and another, appellants in the second and third above-entitled actions.

Robert Abrams, Attorney-General, Albany (Michael S. Buskus, Jerry Boone and Peter H. Schiff of counsel), for New York State Thruway Authority and another, respondents in the first, second and third above-entitled actions.

Acting Chief Judge SIMONS and Judges TITONE, HANCOCK, JR., and SMITH concur; Judge KAYE dissents and votes to reverse in an opinion in which Judge BELLACOSA concurs.


MEMORANDUM.

The order of the Appellate Division in each case should be affirmed, with costs.

In each of these actions a claim against the State or the Thruway Authority was dismissed for failure to serve a copy of the claim on the Attorney-General in the manner prescribed by Court of Claims Act § 11. In Dreger, the claimant served the Thruway Authority but neglected...

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