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RODRIGUEZ v. STATE OF NEW YORK

Claim No. 136683. 2022-01857.

219 A.D.3d 520 (2023)

193 N.Y.S.3d 305

2023 NY Slip Op 04146

Brian Rodriguez, Appellant, v. State of New York, Respondent.

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

Decided August 2, 2023.

Attorney(s) appearing for the Case

Herman Law, P.A., New York, NY ( Jeffrey Herman , Stuart Mermelstein , Mark C. Zauderer , and Ira B. Matetsky of counsel), for appellant.

Letitia James , Attorney General, New York, NY ( Judith N. Vale and Elizabeth A. Brody of counsel), for respondent.

Connolly, J.P., Wooten and Warhit, JJ., concur.

In a claim to recover damages for negligence, the claimant appeals from an order of the Court of Claims (Catherine Leahy-Scott, J.), dated January 11, 2022. The order granted the defendant's motion pursuant to CPLR 3211(a)(2) to dismiss the claim for failure to comply with the pleading requirements of Court of Claims Act § 11(b).

Ordered that the order is reversed, on the law, with costs, and the defendant's motion pursuant to CPLR 3211(a)(2) to dismiss the claim...

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