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ACEE v. STATE OF NEW YORK

CA 10-01330.

81 A.D.3d 1410 (2011)

917 N.Y.S.2d 476

MARY ANN ACEE, Appellant, v. STATE OF NEW YORK, Respondent. (Claim No. 114896.)

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

Decided February 18, 2011.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the motion is denied, the claim is reinstated and the matter is remitted to the Court of Claims for further proceedings in accordance with the following memorandum: In this personal injury action, claimant appeals from an order that, inter alia, granted defendant's motion to dismiss the claim as jurisdictionally defective based...

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