Legal Opinion
Avila v. State
New York Court of Claims
Decided March 19, 1986No. Motion No. M-34071PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Gerard M. Weisberg, J.
Claimants, Carmen and Hector Avila, have moved for permission to file a late claim against defendant, State of New York. Opposition is based primarily on a quotation from a 1976 decision of the Appellate Division, Third Department. Because this argument has recently and frequently been urged on similar applications, the time has now come to put it to rest.
The underlying incident occurred on August 28, 1985 at an office of the New York State Department of Motor Vehicles (Department), a facility of the defendant. On that day, Ms. Avila allegedly slipped…
2Cases cited15 opinions
- Basso v. MillerNew York Court of Appeals · 1976
- Pierson v. City of New YorkNew York Court of Appeals · 1982
- Bay Terrace Cooperative Section IV, Inc. v. New York State Employees' Retirement System Policemen's & Firemen's Retirement SystemNew York Court of Appeals · 1982
- Claim of Welch v. StateAppellate Division of the Supreme Court of the State of New York · 1979
- Tarquinio v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1982
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3Cited by1 opinion
- Crawford v. City UniversityNew York Court of Claims · 1986