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MUSUMECI v. STATE OF NEW YORK

Claim No. 136689. 2022-05735.

220 A.D.3d 877 (2023)

198 N.Y.S.3d 559

2023 NY Slip Op 05265

Bernard Musumeci, Appellant, v. State of New York, Respondent.

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

Decided October 18, 2023.

Attorney(s) appearing for the Case

Thomas Counselor at Law, LLC, New York, NY ( Kathleen R. Thomas of counsel), for appellant.

Letitia James , Attorney General, New York, NY ( Ester Murdukhayeva and Blair J. Greenwald of counsel), for respondent.

Brathwaite Nelson, J.P., Dowling, Warhit and Love, JJ., concur.

In a claim, inter alia, to recover damages for negligence, the claimant appeals from an order of the Court of Claims (Faviola A. Soto, J.), dated April 13, 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), and, sua sponte, dismissed the amended claim.

Ordered that, on the Court's own motion...

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