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SMITH v. STATE OF NEW YORK

2022-02039. Claim No. 134320.

213 A.D.3d 789 (2023)

183 N.Y.S.3d 525

2023 NY Slip Op 00685

Samantha Smith, Appellant, v. State of New York et al., Respondents.

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

Decided February 8, 2023.

Attorney(s) appearing for the Case

Dreyer Law Offices, PLLC (Steven A. Kimmel, Washingtonville, NY, of counsel), for appellant.

Letitia James, Attorney General, New York, NY (Matthew W. Grieco and David Lawrence III of counsel), for respondents.

Brathwaite Nelson, J.P., Maltese, Ford and Voutsinas, JJ., concur.

In a claim to recover damages for personal injuries, etc., the claimant appeals from an order of the Court of Claims (Richard E. Sise, J.), dated October 20, 2021. The order granted the defendants' motion pursuant to CPLR 3211(a) to dismiss the claim, and denied the claimant's cross-motion for leave to file a late claim pursuant to Court of Claims Act § 10(6).

Ordered that the order is affirmed, with costs.

The claimant's infant daughter allegedly was...

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