Legal Opinion

Havill v. State

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

Decided October 27, 1954No. Motion No. 2591PublishedCited by 5 opinions

1Opinion of the Court

Order reversed on the law, without costs of this appeal to either party, and motion denied, without costs. Memorandum: Claimant’s sole excuse for his failure to file his claim timely or notice of intention to file a claim is his “ youth and inexperience ”. There is nothing to indicate he was physically or mentally incapable of seeking counsel as to his rights; in fact, the injuries complained of point to the opposite conclusion. We cannot, therefore, interpret claimant’s excuse as anything else than ignorance of the law. This is not a reasonable excuse for the granting of permission under…

2Cases cited4 opinions

  1. Williams v. StateNew York Court of Claims · 1941
  2. Guifre v. StateNew York Court of Claims · 1948
  3. Monahan v. StateNew York Court of Claims · 1947
  4. Havill v. StateNew York Court of Claims · 1954

3Cited by5 opinions

  1. Modern Transfer Co. v. StateAppellate Division of the Supreme Court of the State of New York · 1971
  2. Landry v. StateAppellate Division of the Supreme Court of the State of New York · 1956
  3. Stone v. StateNew York Court of Claims · 1954
  4. Blatnicky v. StateNew York Court of Claims · 1954
  5. Morris v. StateAppellate Division of the Supreme Court of the State of New York · 1958

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