Legal Opinion

Edwards v. State

New York Court of Claims

Decided May 17, 1983PublishedCited by 3 opinions

1Opinion of the Court

OPINION OF THE COURT

Gerard M. Weisberg, J.

This is a motion for permission to file a late claim against the State of New York.

On September 13, 1982, Phyllis Edwards was a passenger on a bus operated by the New York City Transit Authority when it was struck by a van. Ownership of the van by the State of New York was not ascertained until the end of January, 1983.

No claim was filed within 90 days after the incident. (See Court of Claims Act, § 10, subd 3.) Thus, this application was made.

Of the six enumerated factors which we must consider in deciding this motion, we first turn to whether the…

2Cases cited13 opinions

  1. Licari v. ElliottNew York Court of Appeals · 1982
  2. Bay Terrace Cooperative Section IV, Inc. v. New York State Employees' Retirement System Policemen's & Firemen's Retirement SystemNew York Court of Appeals · 1982
  3. Shaw v. TagueNew York Court of Appeals · 1931
  4. Mitthauer v. PattersonNew York Court of Appeals · 1960
  5. Simone v. StreebenAppellate Division of the Supreme Court of the State of New York · 1977

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

3Cited by3 opinions

  1. Nyberg v. StateNew York Court of Claims · 1992
  2. Favicchio v. StateNew York Court of Claims · 1989
  3. Ferster v. StateNew York Court of Claims · 1985

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