Brown v. State

In a claim to recover damages, inter alia, for personal injuries and wrongful death, the claimant appeals from an order of the Court of Claims (Soto, J.), dated May 8, 2013, which denied her motion, among other things, to dismiss the defendant’s first affirmative defense, and granted that branch of the defendant’s cross motion which was to dismiss the claim for lack of jurisdiction based on improper service of the claim upon the State of New York.

Ordered that the order is affirmed, with costs.

After the Court of Claims granted the claimant’s motion for leave to serve a late claim against the…