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SMYTHE v. STATE OF NEW YORK

Claim No. 129542.

74 Misc.3d 851 (2022)

163 N.Y.S.3d 891

2022 NY Slip Op 22050

JAMAR A. SMYTHE, Claimant, v. STATE OF NEW YORK, Defendant. (Claim No. 129542.).

Court of Claims.

Decided February 24, 2022.

Attorney(s) appearing for the Case

Letitia James , Attorney General ( Joseph E. Scolavino of counsel), for defendant.

Fasulo, Braverman & DiMaggio, LLP ( Samuel Braverman of counsel) for claimant.

OPINION OF THE COURT

Procedural Background

Defendant's counsel has moved by notice of motion, dated August 23, 2021, seeking, inter alia, an order, pursuant to CPLR 3211(a)(7), on the grounds that claimant has failed to state a cause of action, in that the claim does not state a cause of action under...

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