Home/Appellate Division of the Supreme Court of New York/Schreck v. State

Schreck v. State

81 A.D.2d 882, 439 N.Y.S.2d 162, 1981 N.Y. App. Div. LEXIS 11583
Appellate Division of the Supreme Court of the State of New York·Decided May 18, 1981·No. Claim No. M-22128·Published·Cited by 4 cases

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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).

81 A.D.2d 882 (Schreck v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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)