RYDEBERG v. STATE OF NY


108 Misc.2d 362 (1981)

Michelina Rydeberg, Claimant, v. State of New York, Respondent. (Claim No. 62506-A.)

Court of Claims.

March 18, 1981


Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Diane L. Dubiac of counsel), for respondent. John Anthony Bonina and Charles H. Dobkin for claimant.


GERARD M. WEISBERG, J.

The State has moved for dismissal upon the theory that this claim for medical malpractice was not filed within the two- and one-half year Statute of Limitations prescribed by CPLR 214-a.

The issues raised are: (1) the effect of a prior order of a Judge of this court granting leave to file a late claim after the statute had expired; and (2) the effect of the absence of any specific provision in the Court of Claims Act or...

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