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CARDENAS v. STATE OF NEW YORK

Claim No. 97094. Appeal No. 935. Case No. 2023-00468.

220 A.D.3d 613 (2023)

197 N.Y.S.3d 223

2023 NY Slip Op 05463

Jennifer Cardenas, Appellant, v. State of New York, Respondent.

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

Decided October 31, 2023.

Attorney(s) appearing for the Case

Epstein Ostrove, LLC, New York ( Daniel N. Epstein of counsel), for appellant.

Letitia James , Attorney General, New York ( David Lawrence III of counsel), for respondent.

Concur—Kapnick, J.P., Gesmer, Scarpulla, Rodriguez, O'Neill Levy, JJ.

Order, Court of Claims of the State of New York (Linda K. Mejias-Glover, J.), entered July 6, 2022, which denied claimant's motion for leave to file a late claim, unanimously affirmed, without costs.

Claimant failed to comply with the pleading requirements of Court of Claims Act § 11(b) and strict construction of and compliance with such statutory preconditions to suit under the Court of Claims Act is required (see Watson v State of New York,

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