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YANUS v. STATE OF NEW YORK

115513.

35 Misc.3d 361 (2011)

937 N.Y.S.2d 825

2011 NY Slip Op 21467

JAMES YANUS, Claimant, v. STATE OF NEW YORK, Defendant. (Claim No. 115513.)

Court of Claims.

Decided September 27, 2011.

Attorney(s) appearing for the Case

Connors & Corcoran, PLLC, Rochester ( Eileen E. Buholtz of counsel), for defendant.

Cellino & Barnes, PC., Rochester ( K. John Wright of counsel), for claimant.

OPINION OF THE COURT

PHILIP J. PATTI, J.

Claimant brought claim No. 115513 to recover for personal injuries that he alleges he sustained in a motorcycle accident due to defendant's negligence. Defendant now moves for an order granting summary judgment in the instant claim on the basis that the claim is jurisdictionally defective. Claimant opposes the motion, and cross-moves to strike the second and fourth...

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