Legal Opinion

Cooper-Snell Co. v. . State of New York

New York Court of Appeals

Decided January 25, 1921PublishedCited by 21 opinions

Appeal, in each of the above-entitled actions, by permission, from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 6, 1920, which reversed an order of the Court of Claims denying a motion to open a default and to set aside a dismissal of the claim thereon and granted said motion.

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Appeal, in each of the above-entitled actions, by permission, from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 6, 1920, which reversed an order of the Court of Claims denying a motion to open a default and to set aside a dismissal of the claim thereon and granted said motion. In each action the following questions were certified: “ 1. Was it necessary for the claimant to re-file its claim to comply with the provisions of chapter 603 of the Laws of 1918? 2. Did the Court of Claims have jurisdiction to determine the claimant’s claim?”…

1Opinion of the CourtCrane, J.

In August of 1910 the claimant, Cooper-Snell Company, a domestic corporation of Little Falls, New York, entered into a contract for the improvement of a highway known as the Dolgeville Village-County Road, No. 868, in the county of Herkimer, New York. After the work under the contract was completed, the company claimed that by reason of unnecessary and undue delays in accepting materials for said work, in furnishing incorrect and improper grades and in changing grades, it had been greatly damaged.

Claim No. 1688-A was filed on June 20, 1914, with the Board of Claims, demanding judgment against…

2Cases cited2 opinions

  1. Buckles v. . State of New YorkNew York Court of Appeals · 1917
  2. Rogers v. StateAppellate Division of the Supreme Court of the State of New York · 1918

3Cited by21 opinions

  1. American Woolen Co. v. StateAppellate Division of the Supreme Court of the State of New York · 1921
  2. Erie County Agricultural Society v. ClucheyNew York Court of Appeals · 1976
  3. People v. SchmidtAppellate Division of the Supreme Court of the State of New York · 1927
  4. Todd v. StateCourt of Special Appeals of Maryland · 1975
  5. Coish v. StateNew York Court of Claims · 1960

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