Butterfield v. . the State of New York
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered May 8, 1917, which reversed a determination of the Court of Claims dismissing the claim of the respondent herein, _ and remitted the matter to said Court of Claims for further consideration.
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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered May 8, 1917, which reversed a determination of the Court of Claims dismissing the claim of the respondent herein, _ and remitted the matter to said Court of Claims for further consideration. The Court of Claims dismissed the claim herein upon the ground that no proof was offered establishing the filing in the office of the clerk of the Board of Claims and with the attorney-general of a “ notice of intention to file a claim ” against the state pursuant to section 264 of the Code of…
1Per curiam
The order appealed from should be reversed, and the determination of the Court of Claims ' affirmed, with costs in this court and in the Appellate Division, upon the authority of Buckles v. State of New York (221 N. Y. 418).
The filing of the claim itself, even within six months, is not equivalent to the filing of the written notice of intention to file a claim against the state provided for by section 264 of the Code of Civil Procedure. (Curry v. City of Buffalo, 135 N. Y. 366.)
Hiscock, Ch. J., Chase, Cuddeback, Pound, McLaughlin and Andrews, JJ., concur; Hogan, J., concurs in result.
Order…
2Cases cited2 opinions
- Buckles v. . State of New YorkNew York Court of Appeals · 1917
- Curry v. . City of BuffaloNew York Court of Appeals · 1892
3Cited by9 opinions
- A. W. Banko, Inc. v. StateNew York Court of Claims · 1946
- Sowma v. StateNew York Court of Claims · 1953
- Rogers v. StateAppellate Division of the Supreme Court of the State of New York · 1918
- Hood v. StateNew York Court of Claims · 1920
- American Woolen Co. v. StateNew York Court of Claims · 1920
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