Cagliostro v. State

These are claims for damages to real property caused by the overflow of water from an adjoining stream onto claimants’ land, allegedly resulting from a defective culvert under a State highway. The defendant contended that the claim was not timely filed within the provisions of subdivisions 3 and 4 of section 10 of the Court of Claims Act. Claimants maintained that the applicable statute was section 5S of the Highway Law. The court, after consideration, ruled during trial that if the proof submitted showed that a tort had been negligently committed by an officer or employee of the State, then…