Bay Terrace Cooperative Section IV, Inc. v. New York State Employees' Retirement System Plocemen's & Firemen's Retirement System

In a claim accruing in Queens County to recover damages for breach of contract, defendant appeals from an order of the Court of Claims, dated September 20, 1979, which, upon the claimant’s motion, inter alia, to file a late claim, dismissed defendant’s first affirmative defense (that the claim was untimely filed) and granted claimant leave to file a late claim pursuant to subdivision 6 of section 10 of the Court of Claims Act. Order reversed, on the law, without costs or disbursements, motion denied, and claim dismissed for failure to timely file a claim. Claimant is the net lessee and…