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Lewis v. State

26 A.D.2d 878, 274 N.Y.S.2d 255, 1966 N.Y. App. Div. LEXIS 3209
CourtAppellate Division of the Supreme Court of the State of New York
DecidedOctober 27, 1966
DocketClaim No. 41484
StatusPublished
Cited by8 cases

This text of 26 A.D.2d 878 (Lewis 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
Lewis v. State, 26 A.D.2d 878, 274 N.Y.S.2d 255, 1966 N.Y. App. Div. LEXIS 3209 (N.Y. Ct. App. 1966).

Opinion

Herlihy, J.

Appeal by the State from a judgment of the Court of Claims in favor of the claimant in the amount of $6,179.82 for wrongful death and conscious pain and suffering. The State contends that the judgment must be reversed and the claim dismissed because the claimant was not appointed as administratrix until some two months after the claim was filed and some five months after the death of the claimant’s deceased. No amended claim was filed and at the trial the State’s motion to dismiss the claim should have been granted. (See Court of Claims Act, § 10, subd. 2.) We agree with the appellant for the reasons set forth in our opinion in Davis v. State of New York (22 A D 2d 733). (Cf. Boffe v. Consolidated Tel. & Elec. Subway Co., 171 App. Div. 392, affd. 226 N. Y. 654.) The authorities cited by the respondent are not controlling. Judgment reversed, on the law and the facts, and claim dismissed, without costs. Gibson, P. J., Reynolds and Staley, Jr., JJ., concur; Taylor, J., not voting.

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Cite This Page — Counsel Stack

Bluebook (online)
26 A.D.2d 878, 274 N.Y.S.2d 255, 1966 N.Y. App. Div. LEXIS 3209, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lewis-v-state-nyappdiv-1966.