Prisco v. State
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In a claim, inter alia, to recover damages for injury to property, the claimant appeals from an order of the Court of Claims (Ruderman, J.), dated April 8, 2008, which granted the defendant’s motion to dismiss the claim pursuant to Court of Claims Act §§ 10 and 11.
Ordered that the order is affirmed, with costs.
The Court of Claims properly granted that branch of the defendant’s motion which was to dismiss the claim as untimely. For purposes of the Court of Claims Act, a claim accrues when damages are reasonably ascertainable (see Local 851 of Intl. Bhd. of Teamsters v State of New York, 36…
2Cases cited9 opinions
- Selkirk v. StateAppellate Division of the Supreme Court of the State of New York · 1998
- Chartrand v. StateAppellate Division of the Supreme Court of the State of New York · 1974
- Czynski v. StateAppellate Division of the Supreme Court of the State of New York · 2008
- Triani v. StateAppellate Division of the Supreme Court of the State of New York · 2007
- Flushing National Bank v. StateAppellate Division of the Supreme Court of the State of New York · 1994
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3Cited by15 opinions
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- Gabbur v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 2022
- Colombo v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 2016
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