MTR. OF JOHNSON v. ST. OF N. Y.


79 Misc.2d 737 (1974)

In the Matter of the Claim of The Estate of Donald Johnson by His Mother Sandra J. Webster, et al., Claimants, v. State of New York, Defendant. (Claim No. 57971.)

Court of Claims.

November 12, 1974


Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Robert G. Farrell of counsel), for defendant. Patrick F. Broderick for claimant.


HENRY W. LENGYEL, J.

This a motion to dismiss the wrongful death claim herein on the ground that this court does not have jurisdiction thereof because the claim was not filed within 90 days after its accrual pursuant to subdivision 2 of section 10 of the Court of Claims Act.

Donald Johnson was killed on December 9, 1972, when he was struck by a motor vehicle while walking on or along Route 110, also...

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