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WHITLEY v. STATE OF NEW YORK

Claim No. 135851.

79 Misc.3d 443 (2023)

187 N.Y.S.3d 527

2023 NY Slip Op 23116

DARRYL WHITLEY, Claimant, v. STATE OF NEW YORK, Defendant.

Court of Claims.

Decided March 9, 2023.

Attorney(s) appearing for the Case

Letitia James , Attorney General ( James Gardner Ryan of counsel), for defendant.

Rickner, PLLC ( Rob Rickner III of counsel) for claimant.

OPINION OF THE COURT

Defendant, the State of New York (hereinafter, the defendant or the State), moved by notice of motion filed with the Clerk of the Court on October 20, 2022, seeking, inter alia, an order dismissing so much of the filed claim as purports to assert a cause of action for damages based on a theory...

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