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RICHESON v. STATE

98 A.D.2d 656 (1983)

Susan Richeson, Respondent, v. State of New York, Appellant. (Claim No. 66543.)

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

December 15, 1983

Bloom and Lynch, JJ., dissent in a memorandum by Lynch, J., as follows:

We dissent and would reverse and deny the claimant permission to file a late notice of claim. The claimant was injured when her vehicle encountered road construction on Ninth Avenue near 28th Street. The date was April 13, 1979. The construction was by the State of New York. Hence, the claimant had 90 days in which to file a notice of intention of a personal injury claim (Court of Claims Act,...

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