Otis v. State

Claimant’s intestate died June 21, 1938, and letters of administration were issued July 25, 1938. A motion by the Attorney-General to dismiss the claim on the ground that it failed to allege facts sufficient to constitute a cause of action was determined adversely to the defendant. (Otis v. State of New York, 176 Misc. 389.) At the same time another motion made by the *289Attorney-General to dismiss the claim on the ground that the court did not have jurisdiction because a copy of the notice of intention had not been filed with or served upon the Attorney-General was denied for the reason that it…