Legal Opinion

Reifke v. State

Appellate Division of the Supreme Court of the State of New York

Decided December 5, 1968No. Claim No. 42917; Claim No. 42901PublishedCited by 7 opinions

1Opinion of the Court

Goldman, J. P.

Claimants assert that their properties were damaged by a highway change of grade and that the State is liable under subdivision 15 of section 30 of the Highway Law. The trial court dismissed the claims after trial and it is from the denial of motions to set aside the dismissals that claimants appeal. The claims were dismissed upon the ground that “ The filing of such claim before the acceptance of the final estimate of the completed contract is premature and not timely. (Latham *68Enterprises v. State of New York, 20 Misc 2d 1018.) ” (51 Misc 2d 798, 801.) We cannot agree with this…

2Cases cited17 opinions

  1. Teresta v. City of New YorkNew York Court of Appeals · 1952
  2. Smith v. . State of New YorkNew York Court of Appeals · 1920
  3. Cimo v. State of New YorkNew York Court of Appeals · 1953
  4. Winbush v. City of Mount VernonNew York Court of Appeals · 1954
  5. Sandak v. Tuxedo Union School District No. 3New York Court of Appeals · 1954

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3Cited by7 opinions

  1. County of Broome v. EronimousAppellate Division of the Supreme Court of the State of New York · 1979
  2. DSS Enterprises, Inc. v. StateAppellate Division of the Supreme Court of the State of New York · 1990
  3. Ayers v. LandowDistrict of Columbia Court of Appeals · 1995
  4. Ayers v. LandowDistrict of Columbia Court of Appeals · 1995
  5. Larkin v. StateNew York Court of Claims · 1985

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