Gonnella v. State of New York — Second Department Reverses Court of Claims Denial of Late Claim; Apparent Merits Overcome Excuse Deficit
The Appellate Division, Second Department reverses a Court of Claims denial of a late-claim motion, holding that the claimants’ submission sufficiently demonstrated the claim’s apparent merits—a critical statutory factor under Court of Claims Act § 10(6)—even though the court found no reasonable excuse for the delay in identifying the State as the road’s owner.