Mobil Health, Inc. v. State

OPINION OF THE COURT

Gerard M. Weisberg, J.

We have before us the following three motions: claimant’s application to strike the State’s answer for a failure to comply with discovery demands (CPLR 3126); defendant’s cross motion to dismiss pursuant to CPLR 3211; and claimant’s petition to file and serve a late claim (Court of Claims Act § 10 [6]).

BACKGROUND

As alleged in claimant Mobil Health, Inc.’s papers, between 1979 and 1987 it performed approximately $15,000,000 worth of examinations and reports at the request of the New York State Office of Disability Determinations. The claimant would be…