Richeson v. State

Bloom and Lynch, JJ.,

dissent in a memorandum by Lynch, J., as follows: We dissent and would reverse and deny the claimant permission to file a late notice of claim. The claimant was injured when her vehicle encountered road construction on Ninth Avenue near 28th Street. The date was April 13, 1979. The construction was by the State of New York. Hence, the claimant had 90 days in which to file a notice of intention of a personal injury claim (Court of Claims Act, § 10, subd 3). The claimant, however, filed a notice of claim with the City of New York, assuming that it was the city’s…