Legal Opinion
Dimovitch v. State
Appellate Division of the Supreme Court of the State of New York
Decided December 11, 1969No. Claim No. 49012PublishedCited by 5 opinions
1Opinion of the CourtGoldman, P. J.
This appeal by the State from a Court of Claims order denying a motion to dismiss a claim on the ground that it was not timely filed under subdivision 1 of section 10 of the Court of Claims Act is the first time this question has been raised in the posture in which we find it in this case. The State contends that the failure to file within the two-year period is a jurisdictional defect which mandates dismissal of the claim.
The facts in this appropriation of property by the State are quite pivotal. The State commenced its appropriation proceedings by filing a description of the property and a…
2Cases cited8 opinions
- Jackson v. . State of New YorkNew York Court of Appeals · 1914
- Matter of City of New York (Allen St.)New York Court of Appeals · 1931
- Ponsrok v. City of YonkersNew York Court of Appeals · 1930
- Dufel v. StateAppellate Division of the Supreme Court of the State of New York · 1921
- Taylor v. State of New YorkNew York Court of Appeals · 1951
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3Cited by5 opinions
- Claim of Welch v. StateAppellate Division of the Supreme Court of the State of New York · 1979
- Lurie v. StateAppellate Division of the Supreme Court of the State of New York · 1980
- Martin v. StateNew York Court of Claims · 2000
- McGaughy v. StateAppellate Division of the Supreme Court of the State of New York · 1976
- O'Sullivan v. StateNew York Court of Claims · 1975