Legal Opinion

Francis v. State

New York Court of Claims

Decided October 8, 1992No. Claim No. 76816PublishedCited by 4 opinions

1Opinion of the Court

OPINION OF THE COURT

Donald J. Corbett, Jr., J.

After originally seeking dismissal of this personal injury claim on the ground that claimant failed to timely serve a claim or a notice of intention to file a claim, defendant was advised by claimant’s counsel that a notice of intention had indeed been timely served and filed. Defendant then modified its motion by alleging that the notice of intention had not been served in a manner authorized by law, thereby rendering such service a nullity and depriving this court of subject matter jurisdiction.

Claimant alleges that, as a result of the…

2Cases cited11 opinions

  1. Bender v. New York City Health & Hospitals Corp.New York Court of Appeals · 1976
  2. E.F.S. Ventures Corp. v. FosterNew York Court of Appeals · 1988
  3. Daleview Nursing Home v. AxelrodNew York Court of Appeals · 1984
  4. Board of Supervisors v. . EllisNew York Court of Appeals · 1875
  5. Eden v. Board of TrusteesAppellate Division of the Supreme Court of the State of New York · 1975

6 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Berkowitz by Berkowitz v. New York City Bd. of Educ.District Court, E.D. New York · 1996
  2. Jacobs v. StateNew York Court of Claims · 2002
  3. Lowney v. New York State Division of Human RightsAppellate Division of the Supreme Court of the State of New York · 2009
  4. Chrislex Staffing Ltd. v. New York State Department of HealthNew York Supreme Court · 2003

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