New York Telephone Co. v. State

OPINION OF THE COURT

Gerard M. Weisberg, J.

This motion gives us the opportunity to address a vexatious clause in the Court of Claims Act whose recent repeal will save the Bar much confusion.

Claimant, New York Telephone Company (New York Tel.), *931seeks leave to file a late claim. (Court of Claims Act § 10 [6].) The alleged cause of action involves property damage to its underground cables occurring on June 27, 1984. A notice of intention was filed with this court on September 12, 1984, within the statutorily prescribed 90-day period. (Court of Claims Act § 10 [3].) However, service was not made…