Schweickert v. State

—Order unanimously reversed without costs and motion granted. Memorandum: Under the circumstances in this case, it was an improvident exercise of discretion to deny claimant the opportunity to file a late notice of claim against the State to litigate his claim on the merits. Claimant was injured on April 5, 1976 while operating a hand power saw which was owned and maintained by the State on the premises of the State University College at Buffalo. Since the State failed to file an affidavit in response to claimant’s motion, we must accept as true all of the allegations in the moving papers.…