Legal Opinion

Tramantano v. State

New York Court of Claims

Decided February 13, 1986No. Claim No. 71611PublishedCited by 3 opinions

1Opinion of the Court

OPINION OF THE COURT

Leonard Silverman, J.

The defendant, by its motion, seeks to dismiss this claim since it was filed beyond the applicable Statute of Limitations. The claimant cross-moves to file a late notice of claim pursuant to the Court of Claims Act § 10 (6).

The question raised by the State’s motion involves the interrelation between the Court of Claims Act and CPLR 205 (a). To fully understand the issue, it is necessary to examine the history of this claim.

On March 19, 1983, claimant’s decedent passed away at University Hospital. Within 90 days, a notice of intention to file claim was…

2Cases cited10 opinions

  1. Carrick v. Central General HospitalNew York Court of Appeals · 1980
  2. George v. Mt. Sinai HospitalNew York Court of Appeals · 1979
  3. Caffaro v. TraynaNew York Court of Appeals · 1974
  4. Mingone v. StateAppellate Division of the Supreme Court of the State of New York · 1984
  5. Bernardez v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1984

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3Cited by3 opinions

  1. Charbonneau v. StateNew York Court of Claims · 1990
  2. Taylor v. StateNew York Court of Claims · 1994
  3. Liddell v. StateNew York Court of Claims · 1999

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