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TURNER v. STATE OF NEW YORK

2 Misc.3d 370 (2003)

768 N.Y.S.2d 805

ANTHONY TURNER, Claimant, v. STATE OF NEW YORK, Defendant and Third-Party Claimant. TRANSCONTINENTAL INSURANCE COMPANY, Third-Party Defendant. (Claim No. 104542.)

Court of Claims.

November 12, 2003.

Attorney(s) appearing for the Case

Eliot Spitzer, Attorney General (Thomas G. Ramsay of counsel), for defendant.

Christopher P. Meyer and Edward P. Ryan for claimant.

Lustig & Brown, LLP (Jonathan Schapp of counsel), for third-party defendant.

OPINION OF THE COURT

PHILIP J. PATTI, J.

This is what might be called another chapter in the adventures-in-pleading serial that is too frequently presented before the court. As usual, a brief recitation of the preceding papers in this matter will prove instructive.

The substance of the events leading to the claim herein is recited in the notice of intention appended as exhibit B, which asserts that

"On July 12, 1999, at approximately 2:00...

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