Bennett v. State

In a claim to recover damages for medical malpractice, the claimant appeals from an order of the Court of Claims (Mignano, J.), dated March 23, 2012, which denied his motion to dismiss the defendant’s sixth affirmative defense alleging that the court lacks jurisdiction over the claim based upon the claimant’s failure to timely serve the claim or notice of intention to file a claim, granted the defendant’s cross motion for summary judgment dismissing the claim, and denied his motion for leave to amend the claim.

Ordered that the order is affirmed, with costs.

Court of Claims Act § 10 (3)…