Legal Opinion
LeFevre v. State
New York Court of Claims
Decided April 15, 1998No. Claim No. 89951Published
1Opinion of the Court
*667OPINION OF THE COURT
Francis T. Collins, J.
The motion of the defendant* for an order pursuant to CPLR 3212 granting it summary judgment dismissing the claim for lack of merit based upon the application of General Obligations Law § 15-108 (c) is denied and claimants are granted summary judgment dismissing the second affirmative defense set forth in the amended answer (CPLR 3212 [b]). The motion of the defendant for an order pursuant to CPLR 3124 precluding the claimants from offering any proof at trial with regard to the matters addressed by the combined discovery demands and written…
2Cases cited18 opinions
- Dole v. Dow Chemical Co.New York Court of Appeals · 1972
- Mitchell v. New York HospitalNew York Court of Appeals · 1984
- Rock v. Reed-Prentice Division of Package Machinery Co.New York Court of Appeals · 1976
- Rohring v. City of Niagara FallsNew York Court of Appeals · 1994
- Pollicina v. Misericordia Hospital Medical CenterNew York Court of Appeals · 1993
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