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Hunter v. State

Appellate Division of the Supreme Court of New York, Second Department
Apr 27, 2010
72 A.D.3d 1030 (N.Y. App. Div. 2010)

Opinion

No. 2009-02325.

April 27, 2010.

In a claim to recover damages for personal injuries, the claimant appeals from an order of the Court of Claims (Lack, J.), dated December 23, 2008, which granted the defendant's motion for summary judgment dismissing the claim pursuant to Court of Claims Act § 11 (b).

Sacks and Sacks, LLP, New York, N.Y. (Scott N. Singer of counsel), for appellant.

John T. Ryan, Riverhead, N.Y. (Robert F. Horvat of counsel), for respondent.

Before: Prudenti, P.J., Fisher, Roman and Sgroi, JJ., concur.


Ordered that the order is affirmed, with costs.

The Court of Claims properly awarded summary judgment to the defendant dismissing the claim since the claimant failed to satisfy the pleading requirements of Court of Claims Act § 11 (b) ( see Wilson v State of New York, 61 AD3d 1367; Triani v State of New York, 44 AD3d 1032; Cobin v State of New York, 234 AD2d 498).

Since the claim is jurisdictionally defective for nonconformity with the substantive pleading requirements of Court of Claims Act § 11 (b), we need not reach the defendant's remaining contentions ( see Lepkowski v State of New York, 1 NY3d 201, 209).


Summaries of

Hunter v. State

Appellate Division of the Supreme Court of New York, Second Department
Apr 27, 2010
72 A.D.3d 1030 (N.Y. App. Div. 2010)
Case details for

Hunter v. State

Case Details

Full title:HAROLD HUNTER, Appellant, v. STATE OF NEW YORK, Respondent

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 27, 2010

Citations

72 A.D.3d 1030 (N.Y. App. Div. 2010)
2010 N.Y. Slip Op. 3414
898 N.Y.S.2d 881
939 N.E.2d 809

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