Legal Opinion
Rydeberg v. State
New York Court of Claims
Decided March 18, 1981No. Claim No. 62506-APublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Gerard M. Weisberg, J.
The State has moved for dismissal upon the theory that this claim for medical malpractice was not filed within the two- and one-half year Statute of Limitations prescribed by CPLR 214-a.
The issues raised are: (1) the effect of a prior order of a Judge of this court granting leave to file a late claim after the statute had expired; and (2) the effect of the absence of any specific provision in the Court of Claims Act or the rules of this court as to the time within which a late claim is to be filed and served.
On March 15, 1976 a notice of intention was…
2Cases cited5 opinions
- Martin v. City of CohoesNew York Court of Appeals · 1975
- Vastola v. MaerAppellate Division of the Supreme Court of the State of New York · 1975
- Silverberg v. DillonAppellate Division of the Supreme Court of the State of New York · 1979
- Tischler v. Key One Corp.Appellate Division of the Supreme Court of the State of New York · 1979
- Silverberg v. DillonNew York Court of Appeals · 1980
3Cited by3 opinions
- Taylor v. StateNew York Court of Claims · 1994
- Johnson v. StateNew York Court of Claims · 1986
- Shimmerlik v. City University of New YorkNew York Court of Claims · 1988