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WILSON v. STATE OF NEW YORK

115403

35 Misc.3d 227 (2011)

935 N.Y.S.2d 454

2011 NY Slip Op 21436

WILLIAM A. WILSON et al., Claimants, v. STATE OF NEW YORK et al., Defendants.

Court of Claims.

Decided October 28, 2011.

Attorney(s) appearing for the Case

Eric T. Schneiderman , Attorney General ( William D. Lonergan of counsel), for defendants.

Lipsitz Green Scime Cambria LLP ( James T. Scime and Jaclyn S. Wanemaker of counsel), for claimants.

OPINION OF THE COURT

MICHAEL E. HUDSON, J.

Claimants seek to recover for injuries allegedly sustained by claimant William A. Wilson2 in a fall while riding a bicycle in Niagara County, New York, on or about June 18, 2007. After serving their notice of intention to file a claim in early August of 2007, claimants filed this claim in June of 2008. In their claim the Wilsons described the location of the accident as "near the east...

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