Practice point: Leave to file a late claim will not be granted with respect to a false imprisonment claim if it accrued more than one year prior to the motion, pursuant to CPLR 215[3], and
Court of Claims Act § 10[6].
Students should note that the fact that claimant's medical records may be at a State facility does not mean that the State had an opportunity to investigate the circumstances giving rise to the claim.
Case:
Lerner v. State of New York, NY Slip Op 02723 (1st
Dept. 2010)
Here is the opinion.
Tomorrow's issue: Torts.
