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MARSALA v. STATE

41 A.D.2d 878 (1973)

Joseph P. Marsala, Appellant, v. State of New York, Respondent. (Claim Nos. 34777, 45293.)

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

April 26, 1973

Subdivision 3 of section 10 of the Court of Claims Act provides that a claim for damages for injury caused by tort must be filed within two years after its accrual, and subdivision 5 of section 10 adds the proviso that, if the claimant is under a legal disability, the claim may be presented within two years after such disability is removed. "Legal disability attaches to one convicted of crime and sentenced to a State prison (Civil Rights Law, § 79; Crawford v. State...

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