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ROGERS v. STATE OF NEW YORK

288 A.D.2d 926 (2001)

732 N.Y.S.2d 805

DALE ROGERS et al., Respondents, v. STATE OF NEW YORK, Appellant. (Claim No. 101634.) SAMANTHA ROGERS, an Infant, by her Parent and Natural Guardian, JOYCE ROGERS, et al., Respondents, v. STATE OF NEW YORK, Appellant. (Claim No. 101635.)

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

Decided November 9, 2001.

Order unanimously reversed on the law without costs, motions granted and claims dismissed.

Memorandum:

The Court of Claims erred in denying the motions of defendant, State of New York (State), seeking dismissal of the claims for failure to state a cause of action (see, CPLR 3211 [a] [7]; cf., Leon v Martinez, 84 N.Y.2d 83, 87-88). Claimants commenced these actions seeking to recover damages for personal injuries...

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