Legal Opinion

Rodriguez v. State

New York Court of Claims

Decided February 7, 1992No. Claim No. 83907PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

Louis C. Benza, J.

By order filed in the clerk’s office on December 9, 1991 (Rodriguez v State of New York, Ct Cl, Benza, J. [claim No. 83907, mot No. M-44935, cross mot No. CM-44967]) the court denied claimant’s cross motion to amend his claim and granted the State’s motion to dismiss the claim unless, within 30 days of service of the order, claimant made "another motion to amend his claim pursuant to CPLR 3025 (b), with the proper documentation attached.”

Claimant’s claim fails to comply with section 11 of the *364Court of Claims Act, which requires that the accrual date of…

2Cases cited5 opinions

  1. McCaskey, Davies & Associates, Inc. v. New York City Health & Hospitals Corp.New York Court of Appeals · 1983
  2. Goldner Trucking Corp. v. Stoll Packing Corp.Appellate Division of the Supreme Court of the State of New York · 1960
  3. Barry v. Niagara Frontier Transit System, Inc.Appellate Division of the Supreme Court of the State of New York · 1972
  4. Town of Thompson v. AllevaAppellate Division of the Supreme Court of the State of New York · 1980
  5. Mcvey v. Security Mutual Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1907

3Cited by1 opinion

  1. Knight v. StateNew York Court of Claims · 1998

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