Legal Opinion
Hernandez v. State
Appellate Division of the Supreme Court of the State of New York
Decided October 20, 1988PublishedCited by 5 opinions
1Opinion of the CourtMercure, J.
Appeal from a judgment in favor of claimant, entered June 18, 1987, upon a decision of the Court of Claims (Lyons, J.).
This claim arose out of an incident which occurred on October 10, 1984 when a State Police instructor intentionally kicked claimant. Claimant filed a notice of intention to file a claim on January 10, 1985, 92 days thereafter. The State did not plead claimant’s failure to timely file a notice of intention to file a claim as an affirmative defense or move to dismiss the claim on that basis. Although, following trial, the Court of Claims did raise the issue sua sponte and…
2Cases cited9 opinions
- Byrne v. StateAppellate Division of the Supreme Court of the State of New York · 1984
- Claim of Welch v. StateAppellate Division of the Supreme Court of the State of New York · 1979
- Luciano v. Fanberg Realty Co.Appellate Division of the Supreme Court of the State of New York · 1984
- Lurie v. StateAppellate Division of the Supreme Court of the State of New York · 1980
- Lurie v. StateNew York Court of Appeals · 1981
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3Cited by5 opinions
- Berger v. StateAppellate Division of the Supreme Court of the State of New York · 1991
- Mallory v. StateAppellate Division of the Supreme Court of the State of New York · 1993
- Roberts v. City University of New YorkAppellate Division of the Supreme Court of the State of New York · 2007
- Bonaparte v. StateAppellate Division of the Supreme Court of the State of New York · 1991
- Matter of Barnes v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 2018