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WEICHSEL v. STATE OF NEW YORK

2022-02751.

211 A.D.3d 988 (2022)

180 N.Y.S.3d 277

2022 NY Slip Op 07257

Stephanie Weichsel, Appellant, v. State of New York, Respondent.

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

Decided December 21, 2022.

Attorney(s) appearing for the Case

Powers & Santola, LLP, Albany, NY (Kelly C. Wolford and Michael Hutter of counsel), for appellant.

Letitia James, Attorney General, New York, NY (Ester Murdukhayeva and Stephen J. Yanni of counsel), for respondent.

Duffy, J.P., Chambers, Maltese and Wooten, JJ., concur.

In a claim, inter alia, to recover damages for negligence, the claimant appeals from an order of the Court of Claims (Catherine E. Leahy-Scott, J.), dated February 17, 2022. The order granted that branch of the defendant's motion which was, in effect, pursuant to CPLR 3211(a)(2) to dismiss the claim for failure to comply with the pleading requirements of Court of Claims Act § 11(b).

Ordered that the order is affirmed, with costs.

In July 2021, the claimant...

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