Legal Opinion
Matson v. State
New York Court of Claims
Decided December 26, 1984No. Motion No. M-31958Published
1Opinion of the Court
OPINION OF THE COURT
Gerard M. Weisberg, J.
In a tort action against the State of New York, a claim must be served and filed within 90 days of accrual except where a notice of intention to file a claim is served and filed within that period. In that case, the time for the serving and filing of the claim is extended to two years from the date of accrual. (Court of Claims Act § 10 [3].)
Relief from noncompliance may be obtained in two instances. One is by seeking permission from the court to file a late claim under Court of Claims Act § 10 (6). The other involves situations where a notice of…
2Cases cited7 opinions
- Buckles v. . State of New YorkNew York Court of Appeals · 1917
- Bay Terrace Cooperative Section IV, Inc. v. New York State Employees' Retirement System Policemen's & Firemen's Retirement SystemNew York Court of Appeals · 1982
- Harvey Chalmers & Son, Inc. v. StateNew York Court of Appeals · 1947
- Claim of Welch v. StateAppellate Division of the Supreme Court of the State of New York · 1979
- Lurie v. StateAppellate Division of the Supreme Court of the State of New York · 1980
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