Kulers v. State
New York Court of Claims
1Opinion of the Court
OPINION OF THE COURT
Henry W. Lengyel, J.
Both parties submitted on their motion and cross motion papers.
Claim No. 77215 sounds in the torts of false arrest, assault *1080and battery, and malicious prosecution arising from an incident which occurred on February 24, 1988. Issue was joined on or about August 5, 1988.
On August 18, 1988, claimant’s counsel served a "Notice To Take Deposition” of two named New York State Troopers on September 6, 1988; and, on August 26, 1988, defendant’s counsel served a "Cross-Notice of Examination Before Trial” of the claimant to be held on October 7, 1988.
CPLR 3106…
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