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ROSENBERG v. STATE OF NEW YORK

14 Misc.2d 493 (1958)

Stella Rosenberg, as Executrix of Benjamin Rosenberg, Deceased, Claimant, v. State of New York, Defendant. (Claim No. 35233.)

Court of Claims.

April 18, 1958.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Paul Tully of counsel), for defendant.

Ira H. Morris for claimant.

RUSSELL G. HUNT, J.

This is an application by the State to dismiss the claim herein upon the ground that there was a failure to timely file the claim and upon the further ground that the same does not state facts sufficient to constitute a cause of action against the State.

It appears that the deceased died on August 4, 1957 as the result of an automobile accident occurring on that date. It is alleged...

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