Legal Opinion
McCann v. State
New York Court of Claims
Decided May 21, 1999No. Claim No. 95506PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Francis T. Collins, J.
The motion of the defendant for an order pursuant to CPLR 3212 dismissing the claim on the merits and for lack of jurisdiction upon the ground that claimant did not serve and file a claim or serve a notice of intention to file a claim within 90 days of accrual is granted. The cross motion of the claimant for an order pursuant to CPLR 3212 dismissing the first affirmative defense set forth in the defendant’s answer, granting claimant summary judgment upon the liability issue, granting claimant summary judgment upon the damages issue or, in the…
2Cases cited10 opinions
- Parochial Bus Systems, Inc. v. Board of EducationNew York Court of Appeals · 1983
- Lawrence Constr. Corp. v. State of New YorkNew York Court of Appeals · 1944
- Selkirk v. StateAppellate Division of the Supreme Court of the State of New York · 1998
- Munroe v. BoothNew York Court of Appeals · 1953
- Deposit Central School District v. Public Employment Relations BoardAppellate Division of the Supreme Court of the State of New York · 1995
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3Cited by3 opinions
- Carlson v. Geneva City School DistrictDistrict Court, W.D. New York · 2010
- Avgerinos v. Palmyra-Macedon Central School DistrictDistrict Court, W.D. New York · 2010
- Field v. Tonawanda City School DistrictDistrict Court, W.D. New York · 2009