Legal Opinion

City of Buffalo v. State

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

Decided December 7, 1906PublishedCited by 4 opinions

Appeal by the claimant, the City of Buffalo, from a judgment of the Court of Claims of the'State of New York, entered in the office of the clerk of said court on the 22d day of April, 1904, in favor of the claimant for tlie sum of $154.58. The claim made aggregates over $20,000 and is for local assessments and improvements levied from time to time since the year 1865 upon the property of the State situated within the city of' Buffalo.

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Appeal by the claimant, the City of Buffalo, from a judgment of the Court of Claims of the'State of New York, entered in the office of the clerk of said court on the 22d day of April, 1904, in favor of the claimant for tlie sum of $154.58. The claim made aggregates over $20,000 and is for local assessments and improvements levied from time to time since the year 1865 upon the property of the State situated within the city of' Buffalo. This claim, except to the extent of $133.62 and interest, amounting to $154.58, was disallowed on the ground that it was barred by the Statute of Limitations.

1Opinion of the Court

Cochrane, J.:

The Legislature by chapter 407 of the Laws of 1901 conferred jurisdiction on the Court of Claims “to hear, audit and determine ” the claim in question. Such statute provided that no judgment should be rendered against the State “ unless the facts proved shall *540make out a case against the State which would create .a liability were thé same established in evidence in a court of law or. equity against an individual or corporation.” It further provided that in case liability was satisfactorily established the court should award judgment for the claimant ,“ notwithstanding the lapse of…

2Cases cited1 opinion

  1. People Ex Rel. Grannis v. . RobertsNew York Court of Appeals · 1900

3Cited by4 opinions

  1. Oswego Syracuse R.R. Co. v. . StateNew York Court of Appeals · 1919
  2. Saranac Land & Timber Co. v. RobertsAppellate Division of the Supreme Court of the State of New York · 1908
  3. Homer Eng. Co. v. State of New YorkNew York Court of Appeals · 1963
  4. Coish v. StateNew York Court of Claims · 1960

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