Legal Opinion

Harper v. State

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

Decided May 26, 1970No. Claim No. 46183; Claim Nos. 46182, 46181, 48294PublishedCited by 12 opinions

1Opinion of the CourtReynolds, J.

Appeals from orders of the Court of Claims which dismissed the appellants’ claims. Appellants have filed claims seeking damages for the alleged contamination of their wells by a stockpile of State highway salt purportedly maintained on nearby State land. The claims as filed did not, however, indicate the time when they arose and consequently the State moved to dismiss for the failure to comply with section 11 of the Court of Claims Act. Finding that this infirmity deprived it of jurisdiction, the court granted the motion but allowed the claimants to serve an amended claim. Through a service…

2Cases cited2 opinions

  1. Buckles v. . State of New YorkNew York Court of Appeals · 1917
  2. Harvey Chalmers & Son, Inc. v. StateNew York Court of Appeals · 1947

3Cited by12 opinions

  1. Cobin v. StateAppellate Division of the Supreme Court of the State of New York · 1996
  2. Grumet v. StateAppellate Division of the Supreme Court of the State of New York · 1998
  3. Grande v. StateNew York Court of Claims · 1994
  4. Karen v. StateNew York Court of Claims · 1981
  5. Martin v. StateNew York Court of Claims · 2000

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