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McBRIDE v. STATE OF NEW YORK

50 Misc.2d 192 (1966)

Florence McBride, as Administratrix of The Estate of Charles J. McBride, Deceased, Claimant, v. State of New York, Defendant. (Claim No. 43146.)

Court of Claims.

May 23, 1966

Attorney(s) appearing for the Case

Robert A. Katz and Louis Stark for claimant. Louis J. Lefkowitz, Attorney-General (Wayne M. Davis of counsel), for defendant.

CAROLINE K. SIMON, J.

The trial of this action for wrongful death commenced on April 11, 1966. During the trial, a motion was made by the Attorney-General, on behalf of the State of New York, to dismiss the claim under article 12 of the CPLR as not having been properly filed. The motion was made at a time when nine of claimant's witnesses and one witness for the State had been heard, and when there were available in the witness room an additional number...

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