Buckles v. . State of New York
New York Court of Appeals
Appeal from • a judgment, entered March 28, 1917, upon an order of the Appellate Division of the Supreme Court in the third judicial department which reversed a judgment of the Court of Claims dismissing the claim of the plaintiff and directed judgment in her favor for the full amount thereof. The nature of the claim and the facts, so far as material, are stated in the opinion.
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Appeal from • a judgment, entered March 28, 1917, upon an order of the Appellate Division of the Supreme Court in the third judicial department which reversed a judgment of the Court of Claims dismissing the claim of the plaintiff and directed judgment in her favor for the full amount thereof. The nature of the claim and the facts, so far as material, are stated in the opinion. Having failed to prove the filing of a notice of intention to file a claim against the state pursuant to statute, the claimant’s right to relief herein is defeated. (People v. Dennison, 84 N. Y. 272; Lewis v. State of…
1Opinion of the CourtMcLaughlin, J.
This appeal involves the question whether the Court of Claims has jurisdiction to hear and determine a claim against the state, where no notice in writing of intention to file a claim has been filed, as required by section 264 of the Code of Civil Procedure.
In 1912 the respondent’s intestate, William Buckles, had a contract -with the state for resurfacing a portion of a highway in the county of Washington. After he commenced work under his contract it was discovered that, owing to the condition of the highway, work and materials not covered by it were required to put it in a proper condition.…
2Cases cited4 opinions
- Robinson v. Oceanic Steam Navigation Co.New York Court of Appeals · 1889
- Gates v. . StateNew York Court of Appeals · 1891
- Quayle v. . State of New YorkNew York Court of Appeals · 1908
- Callahan v. . Mayor, Aldermen and Commonalty of New YorkNew York Court of Appeals · 1876
3Cited by71 opinions
- Glassman v. GlassmanNew York Court of Appeals · 1956
- Finnerty v. New York State Thruway AuthorityNew York Court of Appeals · 1989
- Heisler v. StateAppellate Division of the Supreme Court of the State of New York · 1980
- Utah Construction Co. v. State Highway CommissionWyoming Supreme Court · 1933
- Byrne v. StateAppellate Division of the Supreme Court of the State of New York · 1984
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