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HERNANDEZ v. STATE OF N. Y.

158 Misc.2d 232 (1993)

601 N.Y.S.2d 211

Jose M. Hernandez, Claimant, v. State of New York, Defendant. (Claim No. 85915.)

Court of Claims.

June 9, 1993

Attorney(s) appearing for the Case

Rodriguez & Leid, P. C. (Harry Forman of counsel), for claimant. Robert Abrams, Attorney-General (Susan J. Pogoda of counsel), for defendant.

GERARD M. WEISBERG, J.

This is a motion by claimant, Jose Miguel Hernandez, to strike the defendant's fourth and fifth affirmative defenses or, should it be necessary, to file a late claim. Defendant crossmoves for summary judgment dismissing the claim on the alternative grounds that it is late and fails to satisfy Court of Claims Act § 8-b (4).

On December 16, 1978, claimant was arrested in New...

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