Legal Opinion
Demonstoy v. State of New York
Appellate Division of the Supreme Court of the State of New York
Decided July 23, 2015No. 519387PublishedCited by 3 opinions
1Opinion of the CourtPeters, P.J.
Appeal from an order of the Court of Claims (McCarthy, J.), entered January 9, 2014, which denied defendant’s motion to dismiss the claim.
Claimant filed this claim to recover damages for injuries he sustained at Mt. McGregor Correctional Facility in Saratoga County. Defendant moved to dismiss the claim on the ground that claimant failed to, among other things, sufficiently set forth the nature of the claim, as required by Court of Claims Act § 11 (b). The Court of Claims denied the motion, and this appeal by defendant ensued.
We affirm. Court of Claims Act § 11 (b) provides, in pertinent part,…
2Cases cited6 opinions
- Lepkowski v. State of NYNew York Court of Appeals · 2003
- Heisler v. StateAppellate Division of the Supreme Court of the State of New York · 1980
- Morra v. StateAppellate Division of the Supreme Court of the State of New York · 2013
- Ferrugia v. StateAppellate Division of the Supreme Court of the State of New York · 1997
- Rodriguez v. StateAppellate Division of the Supreme Court of the State of New York · 2004
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3Cited by3 opinions
- Davila Ex Rel. Estate of Bonilla v. StateAppellate Division of the Supreme Court of the State of New York · 2016
- Wagner v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 2023
- Donahue v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 2019