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OWENS v. STATE OF NEW YORK

873 CA 20-01569. Claim No. 133716.

200 A.D.3d 1624 (2021)

161 N.Y.S.3d 608

2021 NY Slip Op 07374

Phillip H. Owens, Appellant, v. State of New York, Respondent. (Claim No. 133716.)

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

Decided December 23, 2021.

Attorney(s) appearing for the Case

ROTH & ROTH, LLP, NEW YORK CITY ( ELLIOT D. SHIELDS OF COUNSEL), FOR CLAIMANT-APPELLANT.

LETITIA JAMES , ATTORNEY GENERAL, ALBANY ( FRANK BRADY OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Present—Centra, J.P., Peradotto, Lindley, NeMoyer and Curran, JJ.

It is hereby ordered that the order insofar as appealed from is unanimously reversed on the law without costs, the motion is denied, and the amended claim is reinstated.

Memorandum: Claimant commenced this action pursuant to Court of Claims Act § 8-b seeking damages based on allegations that he was wrongly convicted and imprisoned by defendant, State of New York (State). We agree with claimant that the Court of Claims...

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