COSTELLO v. STATE

Claim No. 123132. 2016-02733.

164 A.D.3d 1420 (2018)

85 N.Y.S.3d 83

2018 NY Slip Op 06227

Christopher Michael Costello, Appellant, v. State of New York, Respondent.

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

Decided September 26, 2018.


Ordered that the order is affirmed, with costs.

On March 16, 2011, the claimant was driving on Sunrise Highway and, after missing his exit, attempted to cut across the strip of land separating Sunrise Highway from the exit ramp, losing control of his vehicle and sustaining injuries. After being granted permission to file a late notice of claim, the claimant served the claim on the State of New York by regular mail. The State moved for summary judgment dismissing the...

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