LaFrance v. State

Order reversed on the law with costs and motion denied, in accordance with the following memorandum: In this medical malpractice action against the State, claimant appeals from an order of the Court of Claims which granted defendant’s motion to dismiss for lack of jurisdiction and denied claimant’s cross motion to strike defendant’s second affirmative defense claiming lack of jurisdiction. Under the particular circumstances presented here, we find that personal service on the State was effected, that the claim should not have been dismissed, and that claimant’s motion should have been granted.