Legal Opinion
Rohany v. State
New York Court of Claims
Decided August 23, 1989No. Claim No. 76737PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Gerard M. Weisberg, J.
This motion raises two important procedural issues: (1) how must an amended claim be served, and (2) does service by Federal Express comply with CPLR 2103 (b) (3)? We hold that *941where the defendant has appeared, an amended claim is an interlocutory paper which may be served in accordance with CPLR 2103. Moreover, we find that on the facts before us service by Federal Express satisfies that rule.
The facts are not in dispute. By a decision and order, dated November 30, 1987, claimant’s conviction for insurance fraud and other crimes was reversed on…
2Cases cited22 opinions
- Friedman v. State of New YorkNew York Court of Appeals · 1986
- Patrician Plastic Corp. v. Bernadel Realty Corp.New York Court of Appeals · 1970
- Bank of New York v. CerasaroAppellate Division of the Supreme Court of the State of New York · 1983
- Balancio v. American Optical Corp.New York Court of Appeals · 1985
- Schoenborn v. Kinderhill Corp.Appellate Division of the Supreme Court of the State of New York · 1983
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3Cited by2 opinions
- Kelsey v. Forster & Garbus, LLPDistrict Court, W.D. New York · 2019
- Secreto v. International Business Machines Corp.New York Supreme Court · 2003