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WIMBUSH-BURKETT v. STATE OF NEW YORK

Claim No. 136559 2022-00735.

216 A.D.3d 1124 (2023)

189 N.Y.S.3d 713

2023 NY Slip Op 02804

Una Wimbush-Burkett, Appellant, v. State of New York, Respondent.

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

Decided May 24, 2023.

Attorney(s) appearing for the Case

Herman Law, New York, NY (Jeffrey Herman, Stuart Mermelstein, Mark C. Zauderer, and Ira B. Matetsky of counsel), for appellant.

Letitia James, Attorney General, New York, NY (Judith N. Vale and Elizabeth A. Brody of counsel), for respondent.

Barros, J.P., Iannacci, Ford and Wan, JJ., concur.

In a claim to recover damages for negligence, the claimant appeals from an order of the Court of Claims (Catherine E. Leahy-Scott, J.), dated December 22, 2021. The order granted the defendant's motion pursuant to CPLR 3211(a)(2) to dismiss the claim.

Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the defendant's motion which was pursuant to CPLR 3211(a)(2) to...

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