BROOME v. STATE OF NEW YORK


129 Misc.2d 914 (1985)

County of Broome et al., Claimants, v. State of New York, Defendant. (Claim No. 68020.)

Court of Claims.

October 1, 1985


Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Charles F. Corcoran, Jr., of counsel), for defendant. Hancock & Estabrook (David E. Peebles of counsel), for claimants.


THOMAS J. LOWERY, JR., J.

The State moves for an order granting summary judgment (CPLR 3212) dismissing the claim in its entirety on the grounds that it fails to state a cause of action or, in the alternative, for partial summary judgment (CPLR 3212 [e]) on the grounds of collateral estoppel and that a portion of the claim is time barred. The claimants cross-move for permission to late file a claim. (Court of Claims Act § 10 [6].)

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