SACHER v. STATE OF NEW YORK

2020-07352.

211 A.D.3d 867 (2022)

180 N.Y.S.3d 245

2022 NY Slip Op 07087

Kelly-Ann Sacher, Appellant, v. State of New York, Respondent.

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

Decided December 14, 2022.


Attorney(s) appearing for the Case

Dell & Dean, PLLC ( Joseph G. Dell and Mischel & Horn, P.C., New York, NY [ Scott T. Horn and Andrew J. Fisher ], of counsel), for appellant.

Letitia James , Attorney General, New York, NY ( Anisha S. Dasgupta and David Lawrence III of counsel), for respondent.

Chambers, Miller and Zayas, JJ., concur.


In a claim to recover damages for dental malpractice, the claimant appeals from an order of the Court of Claims (Maureen T. Liccione, J.), dated July 30, 2020. The order granted the defendant's motion pursuant to CPLR 3211(a)(2) to dismiss the claim for lack of subject matter jurisdiction.

Ordered that the order is affirmed, with costs.

The claimant served the defendant with a notice of intention to file a claim dated January 9, 2017, which alleged that the...

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