GOODMAN v. STATE


282 A.D. 798 (1953)

Irving Goodman, as Administrator of The Estate of Chester Goodman, Deceased, Respondent, v. State of New York, Appellant. (Motion No. 2328.)

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

July 2, 1953.


Claimant contends that he was unable to obtain from the State or any of its agencies sufficient information of the circumstances surrounding the death of decedent to prepare the claim on time. The court below has found that the State had an awareness of the claim since its inception and has not been prejudiced by any delay in filing, and that there was a reasonable excuse for not filing within the statutory period. The order is discretionary by the express terms of the statute...

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