EASLEY v. STATE OF NEW YORK


10 Misc.2d 370 (1957)

Levi Easley, Jr., Claimant, v. State of New York et al., Defendants. (Claim No. 33035.)

Court of Claims.

December 16, 1957.


Attorney(s) appearing for the Case

Raymond Rubin for claimant.

Louis J. Lefkowitz, Attorney-General (Carter & Conboy of counsel), for defendants.


ALEXANDER DEL GIORNO, J.

This is a motion for an order dismissing and setting aside a notice to admit upon the ground that the Civil Practice Act (§ 322) does not apply to defendants in claims pending in the Court of Claims, and that under the Court of Claims Act the State of New York and New York State Thruway Authority are not required to serve a verified pleading.

On September 18, 1957, more than 10 days before trial, the claimant served...

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