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Pordum v. State
Citations: 77 A.D.2d 788; 430 N.Y.S.2d 725; 1980 N.Y. App. Div. LEXIS 12538Docket: Claim No. 61310
Court: Appellate Division of the Supreme Court of the State of New York; July 10, 1980; New York; State Appellate Court
Order reversed unanimously, with costs awarded, and the cross motion to allow late filing of the claim is granted. The court found it improper to deny the request to file a late claim under the circumstances. There was no substantial prejudice to the State, as the Attorney-General had represented the Commissioner of Education in both federal and state actions. The court emphasized that a valid claim for damages should not be dismissed for lack of notice when the statute's fundamental purpose is not violated and when no substantial prejudice exists. Relevant case law was cited, including *Matter of Ziecker v Town of Orchard Park* and *Matter of Wemett v County of Onondaga*. The appeal was from the Court of Claims' order to dismiss the claim. Judges present included Cardamone, J.P., Hancock, Jr., Callahan, and Witmer.