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ROHANY v. STATE OF NEW YORK

144 Misc.2d 940 (1989)

Saleh M. Rohany, Claimant, v. State of New York, Defendant. (Claim No. 76737.)

Court of Claims.

August 23, 1989

Attorney(s) appearing for the Case

Weg & Myers, P. C. (Jerome D. Brownstein of counsel), for claimant. Robert Abrams, Attorney-General (Susan J. Pogoda and Carol A. Cimkowski of counsel), for defendant.

GERARD M. WEISBERG, J.

This motion raises two important procedural issues: (1) how must an amended claim be served, and (2) does service by Federal Express comply with CPLR 2103 (b) (3)? We hold that where the defendant has appeared, an amended claim is an interlocutory paper which may be served in accordance with CPLR 2103. Moreover, we find that on the facts before us service by Federal Express satisfies...

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