AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges

QING LIU, et al., appellants, v. CITY UNIVERSITY OF NEW YORK, respondent.

DECISION ORDER

ORDERED that the order is affirmed, with costs.

Court of Claims Act § 10(6) permits a court, in its discretion, upon consideration of certain enumerated factors, to permit a claimant to file a late claim ( see, Savino v. State of New York, 199 A.D.2d 254). No one factor is deemed controlling, nor is the presence or absence of any one factor determinative ( see, Bay Terrace Coop. Section IV v. New York State Employees' Policemen's Firemen's Retirement System, 55 N.Y.2d 979; Holly v. State of New York, 191 A.D.2d 678, 679; Carvalho v. State of New York, 176 A.D.2d 317).

The Court of Claims, after weighing all of the evidence, determined that the claimants failed to demonstrate a legally-acceptable excuse for their failure to file a timely claim and also failed to adequately demonstrate the merits of their claim ( see, Barella v. State of New York, 232 A.D.2d 633; Savino v. State of New York, supra; Cabral v. State of New York, 149 A.D.2d 453). Accordingly, the Court of Claims providently exercised its discretion in denying the claimants' application.

Use AI to get other relevant cases.

Comments

QING LIU v. CITY UNIVERSITY OF NEW YORK
(Jun 14, 1999)