Legal Opinion

Czynski v. State

New York Court of Claims

Decided April 24, 2007No. Claim No. 104234Published

1Opinion of the Court

*466OPINION OF THE COURT

Christopher J. McCarthy, J.

For the reasons set forth below, claimant’s motion for partial summary judgment is denied as moot and that branch of the State’s cross motion to dismiss the claim as untimely served and filed pursuant to Court of Claims Act § 10 (3) and § 11 is granted.

The court begins by addressing the portion of the State’s cross motion which alleges that claimant failed to timely serve either a notice of intention or a claim within the applicable limitations periods (see affirmation of Glenn C. King ¶¶ 7-13). Claimant’s opposition to the cross motion raises…

2Cases cited17 opinions

  1. Dreger v. New York State Thruway AuthorityNew York Court of Appeals · 1992
  2. Buckles v. . State of New YorkNew York Court of Appeals · 1917
  3. Curto v. EdmundsonCourt of Appeals for the Second Circuit · 2004
  4. Finnerty v. New York State Thruway AuthorityNew York Court of Appeals · 1989
  5. Byrne v. StateAppellate Division of the Supreme Court of the State of New York · 1984

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