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M.T.F. Industries, Inc. v. State

Appellate Division of the Supreme Court of New York, Second Department
Dec 2, 1985
115 A.D.2d 460 (N.Y. App. Div. 1985)

Opinion

December 2, 1985

Appeal from the Court of Claims (Murray, J.).


Order affirmed, with costs.

It was not an abuse of discretion for the Court of Claims to deny claimants' application. Since claimants were represented by counsel in this matter from the time the claims arose, the delay of over 2 1/2 years in asserting these claims in the proper forum is wholly inexcusable and by itself constitutes a ground for denying the application (see, Innis v State of New York, 92 A.D.2d 606, affd 60 N.Y.2d 654). In any event, the proposed claims do not appear meritorious. Gibbons, J.P., Bracken, Kunzeman and Kooper, JJ., concur.


Summaries of

M.T.F. Industries, Inc. v. State

Appellate Division of the Supreme Court of New York, Second Department
Dec 2, 1985
115 A.D.2d 460 (N.Y. App. Div. 1985)
Case details for

M.T.F. Industries, Inc. v. State

Case Details

Full title:M.T.F. INDUSTRIES, INC., et al., Appellants, v. STATE OF NEW YORK…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 2, 1985

Citations

115 A.D.2d 460 (N.Y. App. Div. 1985)