Claimants, Carmen and Hector Avila, have moved for permission to file a late claim against defendant, State of New York. Opposition is based primarily on a quotation from a 1976 decision of the Appellate Division, Third Department. Because this argument has recently and frequently been urged on similar applications, the time has now come to put it to rest.
The underlying incident occurred on August 28, 1985 at an office...
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