Legal Opinion

Rizzo v. State

New York Court of Claims

Decided October 7, 2003No. Motion No. M-66833Published

1Opinion of the Court

OPINION OF THE COURT

Diane L. Fitzpatrick, J.

*830Movant* and her husband, bring a motion for permission to file a late claim pursuant to Court of Claims Act § 10 (6). Defendant strenuously opposes the motion.

The proposed claim asserts, in pertinent part, the following:

“Paragraph 3: This incident occurred on or about September 1, 2002. The claimants were attending the New York State Fair at the State Fairgrounds, Syracuse, New York and walking back from the Indian Village portion of the fair. As they were walking back they stopped at a group of vending machines located in the area. As Mrs. Rizzo…

2Cases cited14 opinions

  1. Bay Terrace Cooperative Section IV, Inc. v. New York State Employees' Retirement System Policemen's & Firemen's Retirement SystemNew York Court of Appeals · 1982
  2. Heisler v. StateAppellate Division of the Supreme Court of the State of New York · 1980
  3. Santana v. New York State Thruway AuthorityNew York Court of Claims · 1977
  4. Prusack v. StateAppellate Division of the Supreme Court of the State of New York · 1986
  5. Cobin v. StateAppellate Division of the Supreme Court of the State of New York · 1996

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