Peri v. State

Appeal from an order of the Court of Claims, entered March 4, 1976, which denied claimant’s motion for a preclusion order. On October 30, 1975 claimant commenced a breach of contract action against the State by filing a notice of claim. Claimant seeks to recover the sum of $90, the cumulative amount allegedly spent by him from 1967 to 1975 when he purchased New York State lottery tickets, said lottery, as alleged in the complaint, having been conducted fraudulently. On November 21, 1975 claimant served upon the State a demand for a bill of particulars (CPLR 3042). On November 25, 1975 the…