Farnham v. State

This is an application for permission to file a claim pursuant to subdivision 5 of section 10 of the Court of Claims Act (L. 1939, ch. 860). We believe the moving affidavits spell out a mistake of fact on the part of claimant’s attorney. Perhaps claimant’s attorney could have been more diligent in making his inquiries and might have sooner learned that the State of New York and not the City of Dunkirk constructed and maintained the highway at the scene of the accident. However, under all the circumstances it appears to us that the excuse is reasonable.

The statement that the resident engineer…