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Lachica v. State

101 A.D.2d 881, 476 N.Y.S.2d 182, 1984 N.Y. App. Div. LEXIS 18589
CourtAppellate Division of the Supreme Court of the State of New York
DecidedMay 29, 1984
DocketClaim No. 68248
StatusPublished
Cited by6 cases

This text of 101 A.D.2d 881 (Lachica v. State) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lachica v. State, 101 A.D.2d 881, 476 N.Y.S.2d 182, 1984 N.Y. App. Div. LEXIS 18589 (N.Y. Ct. App. 1984).

Opinion

In a claim to recover damages for breach of contract, defendant State of New York appeals from an order of the Court of Claims (Orlando, J.), dated August 5, 1983, which, inter alia, granted claimant’s motion insofar as it sought leave to file a late claim against it for breach of contract (see Court of Claims Act, § 10, subd 6). H Order affirmed, with costs. 11 Where, as here, the majority of the factors enumerated in subdivision 6 of the section 10 of the Court of Claims Act are in favor of claimant, the Court of Claims cannot be said to have abused its discretion by granting the application to file a late claim (see, e.g., Bay Terrace Coop, v New York State Employees’ Retirement System, 55 NY2d 979; Matter of Butler v State of New York, 81 AD2d 834). Gibbons, J. P., O’Connor, Boyers and Lawrence, JJ., concur.

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Related

Burlingame v. State
42 A.D.3d 923 (Appellate Division of the Supreme Court of New York, 2007)
Nyberg v. State
154 Misc. 2d 199 (New York State Court of Claims, 1992)
Lachica v. State
139 Misc. 2d 772 (New York State Court of Claims, 1988)
Thompson v. State
130 A.D.2d 486 (Appellate Division of the Supreme Court of New York, 1987)
Calzada v. State
121 A.D.2d 988 (Appellate Division of the Supreme Court of New York, 1986)
Prusack v. State
117 A.D.2d 729 (Appellate Division of the Supreme Court of New York, 1986)

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Bluebook (online)
101 A.D.2d 881, 476 N.Y.S.2d 182, 1984 N.Y. App. Div. LEXIS 18589, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lachica-v-state-nyappdiv-1984.