Cooper-Snell Co. v. State
Appellate Division of the Supreme Court of the State of New York
Appeal by the claimant, Cooper-Snell Company, from certain orders made by the Court of Claims and entered in ’ the office of the clerk of said court on the 3d day of December, 1919, denying claimant’s motions to vacate and set aside certain orders made in said court, dismissing on jurisdictional grounds two claims against the State. (See 192 App. Div. 935.)
1Opinion of the Court
Kruse, P. J.:
I think it was not necessary to refile these claims to comply with the ptovisions of the act of 1918 (Laws of 1918, chap. G03). The claims were on file when the act took effect and have remained on file with the Court of Claims. This, as it seems to me, is a substantial compliance with the act and accords with the reasoning of Kellogg, P. J., in Rogers v. State of New York (184 App. Div. 340).
The Court of Claims refused to open the default upon the sole ground that it did not have jurisdiction to determine the same, because the claims were not refiled within six months after the…
2Cases cited2 opinions
- Rogers v. StateAppellate Division of the Supreme Court of the State of New York · 1918
- Cooper-Snell Co. v. StateNew York Court of Claims · 1919
3Cited by3 opinions
- American Woolen Co. v. StateAppellate Division of the Supreme Court of the State of New York · 1921
- Cooper-Snell Co. v. StateAppellate Division of the Supreme Court of the State of New York · 1920
- Cooper-Snell Co. v. StateAppellate Division of the Supreme Court of the State of New York · 1920