Legal Opinion

Holly v. State

Appellate Division of the Supreme Court of the State of New York

Decided March 29, 1993No. Claim No. 79890PublishedCited by 12 opinions

1Opinion of the Court

—In a claim to recover damages for personal injuries, the claimants appeal from an order of the Court of Claims (Silverman, J.), entered January 30, 1991, which, after a hearing, denied their motion for leave to file a late claim against the State of New York.

Ordered that the order is reversed, on the facts and as a matter of discretion, with costs, the claimants’ motion for leave to file a late claim is granted, and the proposed claim is deemed served.

*679The Court of Claims improvidently exercised its discretion in denying the claimants’ motion for leave to file a late claim. Court of Claims…

2Cases cited2 opinions

  1. Bay Terrace Cooperative Section IV, Inc. v. New York State Employees' Retirement System Policemen's & Firemen's Retirement SystemNew York Court of Appeals · 1982
  2. Carvalho v. StateAppellate Division of the Supreme Court of the State of New York · 1991

3Cited by12 opinions

  1. Qing Liu v. City UniversityAppellate Division of the Supreme Court of the State of New York · 1999
  2. Tucholski v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 2014
  3. E. K. v. StateAppellate Division of the Supreme Court of the State of New York · 1997
  4. Barella v. StateAppellate Division of the Supreme Court of the State of New York · 1996
  5. Gallagher v. StateAppellate Division of the Supreme Court of the State of New York · 1997

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