Legal Opinion
Martin v. State
New York Court of Claims
Decided September 6, 2000No. Claim No. 96962PublishedCited by 10 opinions
1Opinion of the Court
OPINION OF THE COURT
Donald J. Corbett, Jr., J.
Claimant seeks to strike the defendant’s third affirmative defense and requests permission to file a verified claim nunc pro tunc. By cross motion, the defendant seeks dismissal of the claim herein, essentially upon the ground that the omitted verification is jurisdictional and, at this point in time, cannot be ameliorated, mandating dismissal.
*800The underlying cause of action sounds in negligence as a result of an accident occurring at Groveland Correctional Facility on October 21, 1995 in which a steel lid allegedly fell upon claimant’s hand…
2Cases cited25 opinions
- Parochial Bus Systems, Inc. v. Board of EducationNew York Court of Appeals · 1983
- Dreger v. New York State Thruway AuthorityNew York Court of Appeals · 1992
- Thomann v. City of RochesterNew York Court of Appeals · 1931
- Buckles v. . State of New YorkNew York Court of Appeals · 1917
- Lichtenstein v. StateNew York Court of Appeals · 1999
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3Cited by10 opinions
- Lepkowski v. State of NYNew York Court of Appeals · 2003
- Vogel v. StateNew York Court of Claims · 2000
- Graham v. GoordAppellate Division of the Supreme Court of the State of New York · 2003
- Jacobs v. StateNew York Court of Claims · 2002
- Newman v. StateNew York Court of Claims · 2004
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