DOE v. STATE


221 A.D.2d 218 (1995)

634 N.Y.S.2d 57

Jane Doe, Appellant, v. State of New York, Respondent

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

November 16, 1995


In her motion to file a late notice of claim pursuant to Court of Claims Act § 10 (5), which permits a claimant under a legal disability to file a claim within two years after the disability is removed, plaintiff asserted that the notice of claim was not made within the statutory 90 day period because she was under a mental disability from the time her causes of action accrued until the present. After an evidentiary hearing held to determine plaintiff's mental status...

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