Legal Opinion

Marcus v. State

Appellate Division of the Supreme Court of the State of New York

Decided April 22, 1991No. Claim No. 78111PublishedCited by 7 opinions

1Opinion of the Court

In a claim to recover damages for personal injuries, the claimant appeals from an order of the Court of Claims (Silverman, J.), dated September 6, 1989, which denied his application for leave to file a late claim against the State of New York.

Ordered that the order is reversed, on the facts and as a matter of discretion, without costs or disbursements, and the application for leave to file a late claim is granted.

On June 17, 1988, the claimant, while cycling with a companion, allegedly fell off his bicycle due to a pothole located at a point where the ramp of an exit from a State highway…

2Cases cited4 opinions

  1. Bay Terrace Cooperative Section IV, Inc. v. New York State Employees' Retirement System Policemen's & Firemen's Retirement SystemNew York Court of Appeals · 1982
  2. Santana v. New York State Thruway AuthorityNew York Court of Claims · 1977
  3. Weaver v. StateAppellate Division of the Supreme Court of the State of New York · 1985
  4. Goldberg v. StateAppellate Division of the Supreme Court of the State of New York · 1986

3Cited by7 opinions

  1. Tucholski v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 2014
  2. Jomarron v. StateAppellate Division of the Supreme Court of the State of New York · 2005
  3. Nyberg v. StateNew York Court of Claims · 1992
  4. Hughes v. StateAppellate Division of the Supreme Court of the State of New York · 2006
  5. Morales v. StateAppellate Division of the Supreme Court of the State of New York · 2002

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