(DOWNLOAD) "Matter Claim Donald Johnson v. State New York" by Supreme Court of New York * Book PDF Kindle ePub Free

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eBook details

• Title: Matter Claim Donald Johnson v. State New York
• Author : Supreme Court of New York
• Release Date : January 23, 1975
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 70 KB

Description

[49 A.D.2d 136 Page 137] This is a claim arising out of the death of claimant's decedent on December 9, 1972 on a State highway. On March 9, 1973, exactly 90 days after the accident, decedent's mother, the claimant herein, filed a notice of intention to file a claim in purported compliance with subdivision 2 of section 10 of the Court of Claims Act. On July 17, 1973, claimant was appointed administratrix, and on October 29, 1973 a claim was filed by claimant in her capacity as administratrix for the wrongful death of her son. The claim was filed well within two years from the date of decedent's death, wherefore it was timely if the notice of intention to file a claim was also timely. The Court of Claims, however, found that the notice of intention to file a claim was of no effect because that document had not been filed by claimant in her capacity as administratrix and that since the claim itself was filed more than 90 days after her appointment as administratrix the claim was untimely and, therefore, subject to dismissal.

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