MARCUS v. STATE OF NEW YORK


172 A.D.2d 724 (1991)

William Marcus, Appellant, v. State of New York, Respondent. (Claim No. 78111.)

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

April 22, 1991


Ordered that the order is reversed, on the facts and as a matter of discretion, without costs or disbursements, and the application for leave to file a late claim is granted.

On June 17, 1988, the claimant, while cycling with a companion, allegedly fell off his bicycle due to a pothole located at a point where the ramp of an exit from a State highway joins a road evidently owned by the County of Suffolk. Because of the claimant's counsel's erroneous calculation as...

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