MTR. OF JOHNSON v. STATE OF N.Y.


49 A.D.2d 136 (1975)

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

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

October 23, 1975


Attorney(s) appearing for the Case

Patrick F. Broderick for appellants.

Louis J. Lefkowitz, Attorney-General (Peter J. Dooley and Ruth Kessler Toch of counsel), for respondent.

KOREMAN, MAIN, LARKIN and REYNOLDS, JJ., concur.


GREENBLOTT, J. P.

This is a claim arising out of the death of claimant's decedent on December 9, 1972 on a State highway. On March 9, 1973, exactly 90 days after the accident, decedent's mother, the claimant herein, filed a notice of intention to file a claim in purported compliance with subdivision 2 of section 10 of the Court of Claims Act. On July 17, 1973, claimant was appointed administratrix, and on October...

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