BRIGGS, BLITMAN ETC. v. STATE THRU. AUTH.


28 Misc.2d 110 (1961)

Briggs, Blitman and Posner, Claimants, v. New York State Thruway Authority, Defendant. (Claim No. 37463.)

Court of Claims.

July 6, 1961


Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Douglas L. Manley of counsel), for defendant. Bond, Schoeneck & King (Lyle W. Hornbeck of counsel), for claimants.


SIDNEY SQUIRE, J.

The defendant moves for an order permitting the service and filing of a counterclaim. The proposed pleading, unverified, is part of the moving papers. The claimants oppose.

In this court, a defendant is not required to serve an answer to the claim, all allegations of the latter being treated as denied (Rules of Court of Claims, rule 13).

A motion such as this, for permission...

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