VALLARTA v. STATE OF NEW YORK

2020-00215.

211 A.D.3d 884 (2022)

179 N.Y.S.3d 778

2022 NY Slip Op 07089

Ruth Vallarta, 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 (Mischel & Horn, P.C., New York, NY [ Scott T. Horn and Lauren Bryant ], of counsel), for appellant.

Letitia James , Attorney General, New York, NY ( Judith N. Vale and David Lawrence III of counsel), for respondent.

Brathwaite Nelson, J.P., Genovesi, Dowling and Voutsinas, JJ., concur.


In a claim, inter alia, to recover damages for personal injuries, etc., the claimant appeals from an order of the Court of Claims (Stephen J. Mignano, J.), dated September 4, 2019. 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.

On September 6, 2015, the claimant's decedent (hereinafter the decedent) allegedly sustained fatal injuries...

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