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FLEMING v. STATE

125613.

60 Misc.3d 1055 (2018)

80 N.Y.S.3d 850

2018 NY Slip Op 28237

JONATHAN FLEMING, Claimant, v. STATE OF NEW YORK, Defendant. (Claim No. 125613.) STACEY L. FLEMING, Claimant, v. STATE OF NEW YORK, Defendant. (Claim No. 127157.)

Court of Claims.

Decided May 30, 2018.

Attorney(s) appearing for the Case

Barbara D. Underwood, Acting Attorney General (Janet L. Polstein of counsel), for defendant in the first and second above-entitled actions.

Wayne P. Smith for Stacey L. Fleming, claimant in the second above-entitled action.

Edelman & Edelman, P.C. (Martin W. Edelman and Paul F. Callan of counsel) for Jonathan Fleming, claimant in the first above-entitled action.

OPINION OF THE COURT

Defendant has filed a motion (mot No. M-92139) pursuant to CPLR 3211 (a) (7) to dismiss the claim of claimant Stacey L. Fleming (claim No. 127157) for failure to state a cause of action. Ms. Fleming has filed a motion (mot No. M-92148) under CPLR 602 (a), seeking a joint trial of her claim, which...

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