Legal Opinion
Lewis v. State
Appellate Division of the Supreme Court of the State of New York
Decided October 27, 1966No. Claim No. 41484PublishedCited by 8 opinions
1Opinion of the CourtHerlihy, J.
Appeal by the State from a judgment of the Court of Claims in favor of the claimant in the amount of $6,179.82 for wrongful death and conscious pain and suffering. The State contends that the judgment must be reversed and the claim dismissed because the claimant was not appointed as administratrix until some two months after the claim was filed and some five months after the death of the claimant’s deceased. No amended claim was filed and at the trial the State’s motion to dismiss the claim should have been granted. (See Court of Claims Act, § 10, subd. 2.) We agree with the appellant for the…
2Cases cited2 opinions
- Boffe v. Consolidated Telegraph & Electrical Subway Co.Appellate Division of the Supreme Court of the State of New York · 1916
- Boffe v. . Consolidated Telegraph Electrical Subway Co.New York Court of Appeals · 1919
3Cited by8 opinions
- Claim of Welch v. StateAppellate Division of the Supreme Court of the State of New York · 1979
- Antoine v. StateNew York Court of Claims · 1980
- Smith v. StateNew York Court of Appeals · 1977
- Smith v. StateAppellate Division of the Supreme Court of the State of New York · 1976
- Jones v. StateAppellate Division of the Supreme Court of the State of New York · 1979
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