Legal Opinion

Igwe v. State

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

Decided November 21, 2012Published

1Opinion of the Court

In a claim, inter alia, to recover damages for fraud, the claimant appeals from an order of the Court of Claims (Ferreira, J.), entered August 8, 2011, which granted the defendant’s motion to dismiss the claim pursuant to Court of Claims Act §§ 10 and 11 as untimely.

Ordered that the order is affirmed, with costs.

Court of Claims Act § 10 (4) provides, “A claim for breach of contract, express or implied, and any other claim not otherwise provided for by this section, over which jurisdiction has been conferred upon the court of claims, shall be filed and served upon the attorney general within…

2Cases cited3 opinions

  1. Ferrugia v. StateAppellate Division of the Supreme Court of the State of New York · 1997
  2. Prisco v. StateAppellate Division of the Supreme Court of the State of New York · 2009
  3. Klos v. StateAppellate Division of the Supreme Court of the State of New York · 2005

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