SWART v. STATE OF NEW YORK

2020-08123.

211 A.D.3d 881 (2022)

179 N.Y.S.3d 768

2022 NY Slip Op 07088

Gary Swart et al., Appellants, v. State of New York, Defendant, and New York State Thruway Authority, Respondent.

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

Decided December 14, 2022.


Attorney(s) appearing for the Case

Hofman & Schweitzer (Shayne, Dachs, New York, NY [ Jonathan A Dachs ], of counsel), for appellants.

Wilson Elser Moskowitz Edelman & Dicker LLP, New York, NY ( Alex Cohen of counsel), for respondent.

Barros, J.P., Brathwaite Nelson, Chambers and Wan, JJ., concur.


In a claim to recover damages for personal injuries, etc., the claimants appeal from an order of the Court of Claims (Walter Rivera, J.), dated August 26, 2020. The order denied the claimants' motion to deem their claim timely filed nunc pro tunc, or, in the alternative, for leave to file a late claim against the defendant New York State Thruway Authority, and granted that branch of the cross motion of the defendant New York State...

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