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FRANCIS v. STATE OF NEW YORK

155 Misc.2d 1006 (1992)

591 N.Y.S.2d 687

Gordon Francis, Claimant, v. State of New York, Defendant. (Claim No. 76816.)

Court of Claims.

October 8, 1992

Attorney(s) appearing for the Case

Zaslav & Auerbach (Gary Zaslav of counsel), and Williams & Geiger (Mark E. Feinberg of counsel), for claimant. Robert Abrams, Attorney-General (J. Gardner Ryan of counsel), for defendant.

DONALD J. CORBETT, JR., J.

After originally seeking dismissal of this personal injury claim on the ground that claimant failed to timely serve a claim or a notice of intention to file a claim, defendant was advised by claimant's counsel that a notice of intention had indeed been timely served and filed. Defendant then modified its motion by alleging that the notice of intention had not been served in a manner...

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