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DIMOVITCH v. STATE OF N. Y.

33 A.D.2d 146 (1969)

Anastas Dimovitch et al., Individually, Formerly Doing Business as Big Chief Market, Respondents, v. State of New York, Appellant. (Claim No. 49012.)

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

December 11, 1969.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Dennis Hurley and Ruth Kessler Toch of counsel), for appellant.

Harris Gavenda for respondents.

WITMER, GABRIELLI, MOULE and HENRY, JJ., concur.

GOLDMAN, P. J.

This appeal by the State from a Court of Claims order denying a motion to dismiss a claim on the ground that it was not timely filed under subdivision 1 of section 10 of the Court of Claims Act is the first time this question has been raised in the posture in which we find it in this case. The State contends that the failure to file within the two-year period is a jurisdictional defect which mandates...

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