Callanan v. State

Appeal by the State of New York from an order of the Court of Claims granting claimant’s motion for leave to file a late personal injury claim pursuant to subdivision 5 of section 10 of the Court of Claims Act. The proposed claim alleges that on August 9, 1963 an automobile owned and operated by claimant, while stopped for a traffic light at the intersection of two public highways, was struck in the rear by a motor vehicle owned by appellant and operated by its employee. The record discloses the following undisputed pertinent facts: in late September incapacitating pain developed in the…