Legal Opinion

Claim of Johnson v. State

Appellate Division of the Supreme Court of the State of New York

Decided October 23, 1975No. Claim No. 57971PublishedCited by 20 opinions

1Opinion of the Court

Greenblott, J. P.

This is a claim arising out of the death of claimant’s decedent on December 9, 1972 on a State highway. On March 9, 1973, exactly 90 days after the accident, decedent’s mother, the claimant herein, filed a notice of intention to file a claim in purported compliance with subdivision 2 of section 10 of the Court of Claims Act. On July 17, 1973, claimant was appointed administratrix, and on October 29, 1973 a claim was filed by claimant in her capacity as administratrix for the wrongful death of her son. The claim was filed well within two years from the date of decedent’s…

2Cases cited3 opinions

  1. Winbush v. City of Mount VernonNew York Court of Appeals · 1954
  2. Figueroa v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1951
  3. Estate of Davis v. StateAppellate Division of the Supreme Court of the State of New York · 1964

3Cited by20 opinions

  1. Bay Ridge Air Rights, Inc. v. StateNew York Court of Appeals · 1978
  2. Budgar v. StateNew York Court of Claims · 1979
  3. Huertas v. StateAppellate Division of the Supreme Court of the State of New York · 1981
  4. DeFilippis v. StateAppellate Division of the Supreme Court of the State of New York · 1990
  5. Atlantic Mutual Insurance v. StateAppellate Division of the Supreme Court of the State of New York · 1976

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