53 A.D.2d 756 | N.Y. App. Div. | 1976
Appeal from (1) an order of the Court of Claims, entered October 20, 1975, which granted claimant’s motion to amend her claim and (2) an order of the same court which denied the State’s motion for summary judgment. This claim was brought to recover damages for the alleged wrongful death of Robert Charles Kruseck who drowned on August 17, 1973 in a pond on property acquired by the Metropolitan Transportation Authority for the establishment of an airport. Claimant filed a notice of intention to file a claim on November 7, 1973. In said notice, claimant was designated as "Virginia Anna Smith, as Parent and Natural Guardian of Robert Charles Kruseck, Jr.” The defendants were designated as "The State of New York, New York State Department of Transportation of the State of New York, Stewart Airport Land Authority and Metropolitan Transportation Authority (MTA).” The claimant was not married to the deceased, but was the mother of Robert Charles Kruseck, Jr., who was born out of wedlock. The deceased was the father of said infant and an order of filiation was granted by the Family Court, Orange County, New York, on May 2, 1973 adjudging decedent to be the father of said infant and directing him to pay $15 per week toward said infant’s support. On September 30, 1974 claimant filed her claim with the clerk of the court and served the Attorney-General pursuant to section 11 of the Court of Claims Act. In the original claim, claimant was designated simply as "Virginia Ana Smith” and the State of New York was designated as the sole defendant. On a motion returnable June 3, 1975, claimant moved for an order permitting her to amend the title of her claim to read "Virginia Ann Smith, as mother and natural guardian