LEWIS v. STATE


26 A.D.2d 878 (1966)

Harriet Lewis, Individually and as Administratrix of The Estate of Morris Lewis, Deceased, Respondent, v. State of New York, Appellant. (Claim No. 41484.)

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

October 27, 1966


HERLIHY, J.

The State contends that the judgment must be reversed and the claim dismissed because the claimant was not appointed as administratrix until some two months after the claim was filed and some five months after the death of the claimant's deceased. No amended claim was filed and at the trial the State's motion to dismiss the claim should have been granted. (See Court of Claims Act, § 10, subd. 2.) We agree with the appellant for the reasons...

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