Legal Opinion

Rodrigues v. State

Appellate Division of the Supreme Court of the State of New York

Decided October 31, 1988Published

1Opinion of the Court

Appeal by the claimants from an order of the Court of Claims (Silverman, J.), dated September 30, 1987, which denied their motion pursuant to Court of Claims Act § 10 (6) for leave to file a late notice of claim.

Ordered that the order is affirmed, with costs.

In support of their application to file a late notice of claim, the claimants submitted only the affidavits of their attorney and of one of their attorney’s employees. These submissions averred that the reason for the claimants’ delay of over nine months in seeking to assert a claim was that their attorney "has only just been retained by…

2Cases cited4 opinions

  1. Figueroa v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1983
  2. Malek v. StateAppellate Division of the Supreme Court of the State of New York · 1983
  3. Simpson v. StateAppellate Division of the Supreme Court of the State of New York · 1983
  4. Torres v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1975

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