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AETNA CAS & SUR v. ST OF NY

92 Misc.2d 249 (1977)

In the Matter of Aetna Casualty & Surety Co., as Subrogee of Debra Opalecky, Claimant, v. State of New York, Defendant. (Claim No. 61367.)

Court of Claims.

December 2, 1977

Attorney(s) appearing for the Case

Francis M. Neary, P. C., and Jeffrey Michael Conforte for claimant. Louis J. Lefkowitz, Attorney-General (William T. Strecansky of counsel), for defendant.

GERARD M. WEISBERG, J.

The State of New York (hereinafter referred to as the "State"), has moved to dismiss this claim for lack of jurisdiction, under CPLR 3211 (subd [a], par 2). Specifically, the State contends that the claim was not filed in accordance with subdivision 3 of section 10 of the Court of Claims Act which provides in substance that a tort claim against the State for personal injuries or property...

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