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LERNER v. STATE

2486N.

72 A.D.3d 406 (2010)

897 N.Y.S.2d 100

BARBARA LERNER, Appellant, v. STATE OF NEW YORK, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided April 1, 2010.

Leave to file a late claim cannot be granted with respect to the false imprisonment claim, as it accrued more than one year before claimant moved for such leave (see CPLR 215 [3]; Court of Claims Act § 10 [6]; Sands v State of New York, 49 A.D.3d 444 [2008]). Claimant alleged that she was imprisoned during the summer of 2004 and the subject motion was not brought until 2007.

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