Legal Opinion

Tavormina v. State

New York Court of Claims

Decided May 11, 1984No. Claim No. 65604PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

Gerard M. Weisberg, J.

This motion by claimants for the examination of the City of New York before trial as a nonparty witness requires that we address a difference between the Court of Claims Act and the Civil Practice Law and Rules and an apparent difference in the interpretation of the latter by the Appellate Divisions of the First and Second Departments.

The claim arises from an accident on the FDR Drive in the County of New York. Allegedly, claimant Maria Tavormina was injured when the automobile in which she was a passenger struck a steel grating that had been placed…

2Cases cited17 opinions

  1. Allen v. Crowell-Collier Publishing Co.New York Court of Appeals · 1968
  2. Kenford Co. v. County of ErieAppellate Division of the Supreme Court of the State of New York · 1973
  3. Villano v. Conde Nast Publications, Inc.Appellate Division of the Supreme Court of the State of New York · 1974
  4. Rapp v. New York City Employees' Retirement SystemNew York Court of Appeals · 1977
  5. Kelly v. ShafiroffAppellate Division of the Supreme Court of the State of New York · 1981

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3Cited by1 opinion

  1. Tramantano v. StateNew York Court of Claims · 1986

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