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LEWIS v. STATE OF NEW YORK

69 Misc.2d 1031 (1972)

Harriet Lewis, as Administratrix of The Estate of Morris Lewis, Deceased, Claimant, v. State of New York, Defendant. (Claim No. 51780.)

Court of Claims.

April 7, 1972

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Albert O. Marston of counsel), for defendant. Harold Monyak and Austin Titus for claimant.

DANIEL BECKER, J.

This is a motion by the defendant for an order dismissing the above claim as not having been timely filed.

The claimant resists this motion asserting that by force of CPLR 205 this action was "timely" filed.

The claim arises out of the claimed negligence of the State. Morris Lewis died intestate on August 22, 1962 as a result of this alleged negligence. On November 17, 1962...

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