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Qing Liu v. City University

Appellate Division of the Supreme Court of New York, Second Department
Jun 14, 1999
262 A.D.2d 473 (N.Y. App. Div. 1999)

Opinion

Submitted April 30, 1999

June 14, 1999

In a claim to recover damages for personal injuries, etc., the claimants appeal from an order of the Court of Claims (Nadel, J.), entered March 12, 1998, which denied their application for leave to file a late claim pursuant to Court of Claims Act § 10(6).

Krinsky Musumeci, New York, N.Y. (Carmine V. Musumeci of counsel), for appellants.

Eliot L. Spitzer, Attorney-General, New York, N.Y. (Peter G. Crary and Julie M. Sheridan of counsel), for respondent.

SONDRA MILLER, J.P., DANIEL W. JOY, GLORIA GOLDSTEIN, ROBERT W. SCHMIDT, JJ.


DECISION ORDER

ORDERED that the order is affirmed, with costs.

Court of Claims Act § 10(6) permits a court, in its discretion, upon consideration of certain enumerated factors, to permit a claimant to file a late claim ( see, Savino v. State of New York, 199 A.D.2d 254). No one factor is deemed controlling, nor is the presence or absence of any one factor determinative ( see, Bay Terrace Coop. Section IV v. New York State Employees' Policemen's Firemen's Retirement System, 55 N.Y.2d 979; Holly v. State of New York, 191 A.D.2d 678, 679; Carvalho v. State of New York, 176 A.D.2d 317).

The Court of Claims, after weighing all of the evidence, determined that the claimants failed to demonstrate a legally-acceptable excuse for their failure to file a timely claim and also failed to adequately demonstrate the merits of their claim ( see, Barella v. State of New York, 232 A.D.2d 633; Savino v. State of New York, supra; Cabral v. State of New York, 149 A.D.2d 453). Accordingly, the Court of Claims providently exercised its discretion in denying the claimants' application.


Summaries of

Qing Liu v. City University

Appellate Division of the Supreme Court of New York, Second Department
Jun 14, 1999
262 A.D.2d 473 (N.Y. App. Div. 1999)
Case details for

Qing Liu v. City University

Case Details

Full title:QING LIU, et al., appellants, v. CITY UNIVERSITY OF NEW YORK, respondent

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

Date published: Jun 14, 1999

Citations

262 A.D.2d 473 (N.Y. App. Div. 1999)
691 N.Y.S.2d 329

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