MARTIN v. STATE OF NY


185 Misc.2d 799 (2000)

713 N.Y.S.2d 831

LORRAINE MARTIN, Claimant, v. STATE OF NEW YORK, Defendant. (Claim No. 96962.)

Court of Claims.

September 6, 2000.


Attorney(s) appearing for the Case

Jay H. Tanenbaum and Cegelski Legal Associate, P. L. L. C. (Karen Castner of counsel), for claimant.

Eliot Spitzer, Attorney General (James L. Gelormini of counsel), for defendant.


OPINION OF THE COURT

DONALD J. CORBETT, JR., J.

Claimant seeks to strike the defendant's third affirmative defense and requests permission to file a verified claim nunc pro tunc. By cross motion, the defendant seeks dismissal of the claim herein, essentially upon the ground that the omitted verification is jurisdictional and, at this point in time, cannot be ameliorated, mandating dismissal.

The underlying...

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