CLARK v. ROSWELL PARK CORP.

M-78576

31 Misc.3d 578 (2010)

919 N.Y.S.2d 268

TIMOTHY C. CLARK, Claimant, v. ROSWELL PARK CANCER INSTITUTE CORPORATION, Defendant. (Motion No. M-78576.)

Court of Claims.

Decided November 16, 2010.


Attorney(s) appearing for the Case

Brown Chiari LLP ( Michael R. Drumm of counsel), for claimant.

Gibson, McAskill & Crosby LLP ( Jennifer L. Noah of counsel), for defendant.


OPINION OF THE COURT

MICHAEL E. HUDSON, J.

Claimant has moved to serve a late notice of claim upon Roswell Park Cancer Institute Corporation, pursuant to General Municipal Law § 50-e (5). He also seeks to allow the notice of claim served with the motion papers to satisfy the condition precedent set forth within Public Authorities Law § 3567 (1). On review, the court will grant the motion.

Claimant...

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