Legal Opinion
Lerner v. State
Appellate Division of the Supreme Court of the State of New York
Decided April 1, 2010PublishedCited by 5 opinions
1Opinion of the Court
Order of the Court of Claims of the State of New York (Alan C. Marin, J.), entered January 7, 2008, which denied claimant’s motion for leave to file a late claim, unanimously affirmed, without costs.
Leave to file a late claim cannot be granted with respect to the false imprisonment claim, as it accrued more than one year before claimant moved for such leave (see CPLR 215 [3]; Court of Claims Act § 10 [6]; Sands v State of New York, 49 AD3d 444 [2008]). Claimant alleged that she was imprisoned during the summer of 2004 and the subject motion was not brought until 2007.
*407Regarding the claims that…
2Cases cited7 opinions
- Morell v. BalasubramanianNew York Court of Appeals · 1987
- Magee v. StateAppellate Division of the Supreme Court of the State of New York · 2008
- Sands v. StateAppellate Division of the Supreme Court of the State of New York · 2008
- Turner v. StateAppellate Division of the Supreme Court of the State of New York · 1972
- Amarnick v. StateAppellate Division of the Supreme Court of the State of New York · 1976
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Hughes v. StateAppellate Division of the Supreme Court of the State of New York · 2013
- Ndemenoh v. City Univ. of N.Y. (CUNY)-City Coll.Appellate Division of the Supreme Court of the State of New York · 2020
- Matter of Singleton v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2021
- Matter of Singleton v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2021
- Hughes v. StateAppellate Division of the Supreme Court of the State of New York · 2013