Are there any issues regarding the timeliness of that portion of the claim being asserted by claimant individually?
"New York", United States of America
The following excerpt is from Pelnick v. State, 141 Misc.2d 542, 533 N.Y.S.2d 803 (N.Y. Ct. Cl. 1988):
Despite the foregoing, an issue remains regarding the timeliness of that portion of the claim being asserted by claimant individually. This is a derivative action and as such it is separate and distinct from the action for personal injuries (Rios v. State
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