MARSHALL v. STATE OF NEW YORK


144 Misc.2d 193 (1989)

In the Matter of Secil Marshall, an Infant, by His Legal Guardian, Catherine Larry, et al., Claimants, v. State of New York, Defendant. (Claim No. 78328.)

Court of Claims.

June 22, 1989


Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Charles E. Roberts of counsel), for defendant. David M. Lee for claimants.


CONDON A. LYONS, J.

On February 21, 1989, the 90th day after this personal injury claim accrued, a copy of the claim was received via fax by a paralegal in the office of the Attorney-General. A second copy of the claim was personally served on an Assistant Attorney-General the following day.

Defendant has moved, before answering, to dismiss the claim for lack of subject matter and personal jurisdiction.

Service of a claim by fax is not...

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