LOCKLEY v. STATE OF NEW YORK


41 A.D.3d 439 (2007)

837 N.Y.S.2d 322

RANDALL J. LOCKLEY, Respondent, v. STATE OF NEW YORK, Appellant.

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

Decided June 5, 2007.


Ordered that the order is affirmed, with costs.

The claimant's personal injury claim accrued on December 18, 2001. The claimant filed a notice of intention to file a claim within 90 days thereafter, and filed a claim in February 2003. The State subsequently moved to dismiss the claim by reason of an alleged defect in the notice of intention to file a claim, and the claimant cross-moved for leave to file a proposed amended claim. By order dated February 2, 2005, the...

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