DEEP v. STATE


56 A.D.3d 1260 (2008)

867 N.Y.S.2d 833

BARBARA JO DEEP et al., Appellants, v. STATE OF NEW YORK, Respondent. (Claim No. 112729.)

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

November 21, 2008.


Memorandum:

Claimants appeal from an order that granted defendant's motion to dismiss the claim and denied claimants' cross motion seeking to dismiss the third through fifth affirmative defenses. We agree with claimants that the Court of Claims erred in granting defendant's motion based on the third and fifth affirmative defenses alleging, respectively, that the court lacks jurisdiction over the claim because the claim fails to provide an adequate description of the...

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