New York State Court of Claims

New York State Court of Claims

CADET v. STATE OF NEW YORK, #2006-014-506, Claim No. 111345, Motion No. M-70967


Synopsis


Defendant’s motion to dismiss the claim as untimely is granted.

Case Information

UID:
2006-014-506
Claimant(s):
BERTHONY CADET, JR.
Claimant short name:
CADET
Footnote (claimant name) :

Defendant(s):
STATE OF NEW YORK
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
111345
Motion number(s):
M-70967
Cross-motion number(s):

Judge:
S. Michael Nadel
Claimant’s attorney:
Pro se
Defendant’s attorney:
Eliot Spitzer, Attorney GeneralBy Assistant Attorney General Michael Rizzo
Third-party defendant’s attorney:

Signature date:
March 28, 2006
City:
New York
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers were read on the defendant’s motion to dismiss the claim: Notice of Motion, Affidavit in Support and Exhibit annexed; Opposition.

This is a pre answer motion to dismiss the claim on the ground that it was not served and filed within 90 days of its accrual. The claim, which alleges negligence, states that it accrued on July 26, 2004. It was filed on September 9, 2005. The claim is untimely; the defendant’s motion is granted, the claim is dismissed.


March 28, 2006
New York, New York

HON. S. MICHAEL NADEL
Judge of the Court of Claims