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FERSTER v. STATE OF NEW YORK

129 Misc.2d 333 (1985)

Rise Ferster, Claimant, v. State of New York, Defendant. (Motion No. M-32727.)

Court of Claims.

August 12, 1985

Attorney(s) appearing for the Case

Zelma & Grossman (Alan Grossman of counsel), for claimant. Robert Abrams, Attorney-General, and Langan & Levy (Donald K. Koch of counsel), for defendant.

GERARD M. WEISBERG, J.

In this motion we must address the operation of three statutes: Court of Claims Act § 8-a, the Federal Tort Claims Act (28 USC § 1346 [b]) and the National Guard Claims Act (32 USC § 715).

Claimant, Rise Ferster, seeks permission to file a late claim under Court of Claims Act § 10 (6). She alleges that on October 17, 1984, she was struck by what appeared to be a vehicle belonging to the United States...

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