Legal Opinion

Charbonneau v. State

New York Court of Claims

Decided October 18, 1990No. Claim No. 75681; Claim No. 75682PublishedCited by 19 opinions

1Opinion of the Court

OPINION OF THE COURT

Louis C. Benza, J.

The State moves to dismiss these claims pursuant to CPLR 3211 (a) (8) on the grounds that the court lacks jurisdiction of the person of the defendant. The claimants cross-move for an order permitting service of their claims pursuant to CPLR 205 (a).

These claims arise from the April 5, 1987 collapse of the New York State Thruway Authority Bridge over the Schoharie Creek in Montgomery County, New York. The decedents, both residents of Ontario, Canada, were traveling in an automobile over the bridge at the time of its collapse, causing the vehicle to fall…

2Cases cited25 opinions

  1. Matter of Berkovitz v. . Arbib HoulbergNew York Court of Appeals · 1921
  2. Simonson v. International BankNew York Court of Appeals · 1964
  3. Carrick v. Central General HospitalNew York Court of Appeals · 1980
  4. George v. Mt. Sinai HospitalNew York Court of Appeals · 1979
  5. Markoff v. South Nassau Community HospitalNew York Court of Appeals · 1984

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3Cited by19 opinions

  1. Ruffolo v. GarbariniAppellate Division of the Supreme Court of the State of New York · 1998
  2. Auger v. StateAppellate Division of the Supreme Court of the State of New York · 1997
  3. Charbonneau v. StateAppellate Division of the Supreme Court of the State of New York · 1991
  4. Durkin v. SheaDistrict Court, S.D. New York · 1997
  5. Wade v. Byung Yang KimAppellate Division of the Supreme Court of the State of New York · 1998

14 more not listed; retrieve them via the Exa API.

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