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FONFA v. STATE OF NEW YORK

88 Misc.2d 343 (1976)

Stanley Fonfa, Claimant, v. State of New York et al., Defendants. (Claim No. 59698.)

Court of Claims.

August 4, 1976

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Seth D. Corwin of counsel), for State of New York, defendant. Siller & Galian (Sidney S. Vener of counsel), for claimant.

SIDNEY SQUIRE, J.

The State of New York, one of the defendants, moves to dismiss the claim (CPLR 3211, subd [a], pars 2, 7) because (a) the pleading fails to state a cause of action against the movant and (b) the same was untimely filed in the office of the clerk of this court and untimely served on the Attorney-General (Court of Claims Act, §§ 10, 11).

The claim was filed on October 17, 1975. It was served on the Attorney-General on...

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