HOGAN v. STATE


59 A.D.3d 754 (2009)

872 N.Y.S.2d 250

JOHN HOGAN, Appellant, v. STATE OF NEW YORK, Respondent.

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

Decided February 5, 2009.


Peters, J.P.

Claimant, a prison inmate, filed this claim in March 2007 alleging that correction officers negligently broke his radio by opening it during a facility-wide frisk. Defendant answered and raised various affirmative defenses asserting, among other things, that the court lacked subject matter jurisdiction because claimant failed to state the total sum claimed as required by Court of Claims Act § 11 (b). Claimant moved to strike defendant's affirmative...

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