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Klingler v. State

213 A.D.2d 378 Court N.Y. App. Div. Decision date 1995-03-06 English

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p. 378
Irmgard Klingler et al., Appellants, v State of New York, Respondent.
[623 NYS2d 319]

—In a proceeding pursuant

p. 379
to Court of Claims Act § 10 (6), the claimants appeal from an order of the Court of Claims (Corbett, J.), dated July 20, 1993, which denied their motion for leave to file a late claim.

Ordered that the order is affirmed, with costs.

In order to obtain leave to file a late claim the claimant must establish that there is some merit to the claim asserted (De Olden v State of New York, 91 AD2d 1057 ). The claimant’s unsupported opinion that her motor vehicle accident might not have happened had the State installed a traffic light at the intersection where it occurred does not suffice to establish that her claim has merit (Nyberg v State of New York, 154 Misc 2d 199 ). We further note that the claimant’s 9-month delay in filing her claim is not adequately excused by her physician’s explanation that she had suffered, inter alia, a cerebral concussion and cervical strain for an unspecified period of time after the accident (see, e.g., Cabral v State of New York, 149 AD2d 453 ). Santucci, J. P., Joy, Friedmann and Florio, JJ., concur.

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