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Schreck v. State

81 A.D.2d 882, 439 N.Y.S.2d 162, 1981 N.Y. App. Div. LEXIS 11583
CourtAppellate Division of the Supreme Court of the State of New York
DecidedMay 18, 1981
DocketClaim No. M-22128
StatusPublished
Cited by4 cases

This text of 81 A.D.2d 882 (Schreck 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
Schreck v. State, 81 A.D.2d 882, 439 N.Y.S.2d 162, 1981 N.Y. App. Div. LEXIS 11583 (N.Y. Ct. App. 1981).

Opinions

— In a medical malpractice claim which accrued in Kings County, defendants appeal from an order of the Court of Claims, entered September 21, 1979, which granted claimants’ motion pursuant to subdivision 6 of section 10 of the Court of Claims Act, for leave to file a late claim. Order reversed, on the law, with $50 costs and disbursements, and motion denied with leave to claimants to renew upon proper papers, in accordance herewith. Claimants failed to submit a medical affidavit to establish a causal relationship between the alleged negligent acts and the birth of claimants’ seriously brain damaged and physically handicapped child. The Court of Claims abused its discretion in granting the motion without such a showing. Damiani, J.P., Gibbons and Thompson, JJ., concur.

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Related

Favicchio v. State
144 Misc. 2d 212 (New York State Court of Claims, 1989)
Edwards v. State
119 Misc. 2d 355 (New York State Court of Claims, 1983)
Jenkins v. State
119 Misc. 2d 144 (New York State Court of Claims, 1983)
Colson v. State
115 Misc. 2d 402 (New York State Court of Claims, 1982)

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Bluebook (online)
81 A.D.2d 882, 439 N.Y.S.2d 162, 1981 N.Y. App. Div. LEXIS 11583, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schreck-v-state-nyappdiv-1981.