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CALCO v. STATE OF NEW YORK

165 A.D.2d 117 (1991)

Antonio Calco, Appellant, v. State of New York, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

February 14, 1991

Attorney(s) appearing for the Case

Myron G. Lasser, P. C., for appellant.

Robert Abrams, Attorney-General (Dennis Hurley and Peter J. Dooley of counsel), for respondent.

WEISS, MIKOLL, YESAWICH, JR., and HARVEY, JJ., concur.

MAHONEY, P. J.

Claimant was injured in an automobile accident on November 20, 1987 on State Route 23 in the Town of Kortright, Delaware County. A notice of intention to file a claim was served within 90 days and a claim alleging negligent maintenance, operation and control of the road was thereafter filed and served, although after the 90-day period expired. The State answered, alleging a lack of jurisdiction...

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