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DENIO v. STATE OF NEW YORK

283 A.D.2d 937 (2001)

723 N.Y.S.2d 914

JAMES S. DENIO, as Guardian of SARAH J. DENIO, Appellant, v. STATE OF NEW YORK et al., Respondents. (Claim No. 88215.)

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided May 2, 2001.

Order unanimously affirmed without costs.

Memorandum:

The Court of Claims properly denied claimant's motion to amend the claim to allege that defendants' liability is joint and several; to strike the affirmative defense alleging that defendants' liability is several under CPLR article 16; and to direct that various claimed exemptions or exceptions under CPLR article 16 (see, CPLR 1602 [2] [iv]; [6], [7]) apply to this case to warrant the imposition...

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