Legal Opinion
Hernandez v. State
New York Court of Claims
Decided June 9, 1993No. Claim No. 85915Published
1Opinion of the Court
OPINION OF THE COURT
Gerard M. Weisberg, J.
This is a motion by claimant, Jose Miguel Hernandez, to *233strike the defendant’s fourth and fifth affirmative defenses or, should it be necessary, to file a late claim. Defendant cross-moves for summary judgment dismissing the claim on the alternative grounds that it is late and fails to satisfy Court of Claims Act § 8-b (4).
On December 16, 1978, claimant was arrested in New York after being extradited from Puerto Rico. Although claimant and several alibi witnesses testified that he was in Puerto Rico at the time of the crime in New York, on November 1,…
2Cases cited12 opinions
- People v. LawrenceNew York Court of Appeals · 1984
- Bay Terrace Cooperative Section IV, Inc. v. New York State Employees' Retirement System Policemen's & Firemen's Retirement SystemNew York Court of Appeals · 1982
- Santana v. New York State Thruway AuthorityNew York Court of Claims · 1977
- Ivey v. State of New YorkNew York Court of Appeals · 1992
- Dozier v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 1987
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