Legal Opinion

Watson v. State

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

Decided February 28, 2017Published

1Opinion of the Court

Orders, Court of Claims of the State of New York (Thomas H. Scuccimarra, J.), entered October 14, 2015 and (Faviola A. Soto, J.) entered October 22, 2015, which granted defendant’s motions to dismiss the claims, unanimously affirmed, without costs.

The Court of Claims properly dismissed the first claim because claimant’s service thereof was untimely (see Miles v City Univ. of N.Y., 126 AD3d 609 [1st Dept 2015]; Court of Claims Act § 10 [3]). The court also properly found that both claims at issue failed to comply with the pleading requirements of Court of Claims Act § 11 (b) (see Lepkowski v…

2Cases cited3 opinions

  1. Lepkowski v. State of NYNew York Court of Appeals · 2003
  2. Kolnacki v. StateNew York Court of Appeals · 2007
  3. Miles v. City University of New YorkAppellate Division of the Supreme Court of the State of New York · 2015

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