Legal Opinion
Kaufman v. State
Appellate Division of the Supreme Court of the State of New York
Decided May 9, 2005No. Claim No. 106941PublishedCited by 5 opinions
1Opinion of the Court
In a claim to recover damages for injury to property, the claimants appeal from an order of the Court of Claims (Mignano, J.), dated October 1, 2003, which granted the respondent’s motion to dismiss the claim as untimely.
Ordered that the order is affirmed, with costs.
The Court of Claims properly granted the motion of the respondent, State of New York, to dismiss the claim as untimely, as the claim was commenced more than 90 days after the date when the alleged damages were reasonably ascertainable (see Potanovic v County of Rockland, 267 AD2d 291 [1999]; Flushing Natl. Bank v State of New…
2Cases cited8 opinions
- Selkirk v. StateAppellate Division of the Supreme Court of the State of New York · 1998
- Manhattanville College v. James John Romeo Consulting Engineer, P.C.Appellate Division of the Supreme Court of the State of New York · 2004
- Waterside Associates v. New York State Department of Environmental ConservationNew York Court of Appeals · 1988
- Greco v. Incorporated Village of FreeportAppellate Division of the Supreme Court of the State of New York · 1996
- Mandel v. Estate of TiffanyAppellate Division of the Supreme Court of the State of New York · 1999
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3Cited by5 opinions
- Rowe v. NYCPDAppellate Division of the Supreme Court of the State of New York · 2011
- Prisco v. StateAppellate Division of the Supreme Court of the State of New York · 2009
- Hughes v. StateAppellate Division of the Supreme Court of the State of New York · 2013
- Clauberg v. StateNew York Court of Claims · 2008
- Hughes v. StateAppellate Division of the Supreme Court of the State of New York · 2013