Legal Opinion

Klingler v. State

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

Decided March 6, 1995PublishedCited by 2 opinions

1Opinion of the Court

—In a proceeding pursuant *379to Court of Claims Act § 10 (6), the claimants appeal from an order of the Court of Claims (Corbett, J.), dated July 20, 1993, which denied their motion for leave to file a late claim.

Ordered that the order is affirmed, with costs.

In order to obtain leave to file a late claim the claimant must establish that there is some merit to the claim asserted (De Olden v State of New York, 91 AD2d 1057). The claimant’s unsupported opinion that her motor vehicle accident might not have happened had the State installed a traffic light at the intersection where it occurred does…

2Cases cited3 opinions

  1. Cabral v. StateAppellate Division of the Supreme Court of the State of New York · 1989
  2. Nyberg v. StateNew York Court of Claims · 1992
  3. De Olden v. StateAppellate Division of the Supreme Court of the State of New York · 1983

3Cited by2 opinions

  1. E. K. v. StateAppellate Division of the Supreme Court of the State of New York · 1997
  2. Buyes v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 2022

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