47-Albany Troy Road Corp. v. State

Appeal by the State of New York from an order of the Court of Claims granting claimants’ motion for leave to file late claims pursuant to subdivision 5 of section 10 of the Court of Claims Act. Claimants respectively the owner and lessee of real property abutting Broadway in the Village of Menands allege that they sustained damages during a rainstorm on August 26, 1961 when water which had escaped from negligently maintained State highway drainage facilities flooded the premises. Having failed to file claims or written notices of intention to file such within the 90-day period permitted by…