Legal Opinion
Colson v. State
New York Court of Claims
Decided August 27, 1982No. Motion No. M-27181PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Gerard M. Weisberg, J.
This is an application pursuant to subdivision 6 of section 10 of the Court of Claims Act to file a late claim against the State of New York for medical malpractice.
One of the six specified factors to be considered by the court is whether the claim “appears to be meritorious.” If the petitioner fails to demonstrate this, it is an abuse of discretion to grant the motion. (Schreck v State of New York, 81 AD2d 882; Bivas v State of New York, 97 Misc 2d 524.)
In an action of this nature it is necessary to submit an affidavit or affirmation containing a…
2Cases cited6 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- North Shore Neurosurgical Group v. LeivyAppellate Division of the Supreme Court of the State of New York · 1979
- Harris v. Brooklyn Hospital at the Brooklyn Cumberland Medical CenterAppellate Division of the Supreme Court of the State of New York · 1981
- Bivas v. StateNew York Court of Claims · 1978
- Schreck v. StateAppellate Division of the Supreme Court of the State of New York · 1981
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Nyberg v. StateNew York Court of Claims · 1992
- Edwards v. StateNew York Court of Claims · 1983