Legal Opinion

Aetna Casualty & Surety Co. v. State

New York Court of Claims

Decided December 2, 1977No. Claim No. 61367PublishedCited by 5 opinions

1Opinion of the Court

OPINION OF THE COURT

Gerard M. Weisberg, J.

The State of New York (hereinafter referred to as the "State”), has moved to dismiss this claim for lack of jurisdiction, under CPLR 3211 (subd [a], par 2). Specifically, the State contends that the claim was not filed in accordance with subdivision 3 of section 10 of the Court of Claims Act which provides in substance that a tort claim against the State for personal injuries or property damage, shall be filed within 90 *251days after the accrual of the claim. The claimant opposes the motion contending that the claim was timely filed, and in the…

2Cases cited12 opinions

  1. Krause v. American Guarantee & Liability InsuranceNew York Court of Appeals · 1968
  2. Bommarito v. StateAppellate Division of the Supreme Court of the State of New York · 1971
  3. Terry Contracting, Inc. v. StateAppellate Division of the Supreme Court of the State of New York · 1967
  4. Bay Ridge Air Rights, Inc. v. StateAppellate Division of the Supreme Court of the State of New York · 1977
  5. Crane v. StateAppellate Division of the Supreme Court of the State of New York · 1968

7 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Byrne v. StateAppellate Division of the Supreme Court of the State of New York · 1984
  2. Young v. StateNew York Court of Claims · 1978
  3. St. Paul Fire & Marine Insurance v. StateNew York Court of Claims · 1979
  4. Muscat v. StateNew York Court of Claims · 1980
  5. Royal Globe Insurance v. RzhevskyCivil Court of the City of New York · 1983

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