Fraser v. State

Claimant has moved for an examination before trial and inspection of hospital and medical records. The State of New York brings the instant cross motion for an order dismissing the claim, pursuant to section 10 of the Court of Claims Act, on the ground that the notice of claim was not filed within two years after the removal of the disability of claimant.

The claim is for damages alleged to have resulted from the unlawful detention of claimant at Pilgrim State Hospital. Claimant was admitted to the hospital on January 10, 1953. On September 18, 1955, she was released on convalescent care, and…