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SHIMMERLIK v. CUNY

142 Misc.2d 118 (1988)

Julie Shimmerlik et al., as Executors of George Shimmerlik, et al., Claimants, v. City University of New York, Defendant. (Claim No. 73431.)

Court of Claims.

December 16, 1988

Attorney(s) appearing for the Case

Newmark, Lamb, Dowling & Marchisio (Eugene G. Lamb of counsel), for claimants. Robert Abrams, Attorney-General (William P. Kleen of counsel), for defendant.

GERARD M. WEISBERG, J.

This is a motion for an order striking the defendant's first affirmative defense or, in the alternative, for an order granting claimants permission to serve a late claim upon the City University of New York (CUNY).

On May 16, 1985, George Shimmerlik allegedly tripped over a piece of gymnasium equipment stored by CUNY at Hunter Elementary School. Within 90 days of the incident...

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