Bay Terrace Cooperative Section Iv, Inc. v. New York State Employees' Retirement System

In a claim accruing in Queens County to recover damages for breach of contract, defendant appeals from an order of the Court of Claims (Amann, J.), dated September 20, 1979, which, upon the claimant’s motion, inter alia, to file a late claim, dismissed defendant’s first affirmative defense (that the claim was untimely filed) and granted claimant leave to file a late claim pursuant to subdivision 6 of section 10 of the Court of Claims Act. By order dated February 9, 1981, this court reversed that order, on the law, denied the motion and dismissed the claim for failure to timely file a claim,…