Panel Revives Suit by Woman Wrongly Given Extra Jail Time

, New York Law Journal

A woman who spent as much as five extra years in jail after a court clerk accidentally added a felony assault conviction to her record may pursue a negligence claim against the state. In April 2007, a Court of Claims judge found that the woman's failure to contest the error constituted an intervening, superseding cause of her additional imprisonment, and granted the state's motion for summary judgment. Last week, the Appellate Division, Second Department, reversed, deeming the issue a factual one to be determined at trial.

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