SCHNIER v. NEW YORK STATE THRUWAY AUTH.

Claim Nos. 131713, 131714. 2020-01633.

205 A.D.3d 958 (2022)

168 N.Y.S.3d 119

2022 NY Slip Op 03267

Erik Schnier et al., Appellants, v. New York State Thruway Authority, Respondent. Erik Schnier et al., Appellants, v. State of New York, Respondent.

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

Decided May 18, 2022.


Attorney(s) appearing for the Case

Sacks and Sacks, LLP, New York, NY ( Scott N. Singer of counsel), for appellants.

Wilson Elser Moskowitz Edelman & Dicker, LLP, White Plains, NY ( Ellyn B. Wilder and Alex Cohen of counsel), for respondents.

Connolly, J.P., Rivera, Miller and Wooten, JJ., concur.


Ordered that the order is reversed insofar as appealed from, on the law, on the facts, and in the exercise of discretion, with costs, (1) those branches of the claimants' cross motions which were for leave to serve and file late claims against the defendant in claim No. 1 and the defendant in claim No. 2 pursuant to Court of Claims Act § 10(6) are granted, and (2) those branches of the claimants' cross motions which were, alternatively, for pre-action disclosure pursuant...

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