Legal Opinion

La Bar Truck Rental Inc. v. State

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

Decided May 20, 1976Published

1Opinion of the Court

Appeal from an order of the Court of Claims, entered August 14, 1975, which denied claimant’s motion for permission to file a late claim. Claimant, a foreign corporation, owned a truck which was in an accident on March 15, 1975 with a snowplow owned and operated by the State of New York. The accident occurred on the Taconic Parkway in Dutchess County, New York. The failure to file the requisite notice of claim (Court of Claims Act, § 10, subd 3) within 90 days of the accident is herein sought to be excused on the grounds that the State will not be prejudiced by the grant of leave to file late…

2Cases cited2 opinions

  1. Landry v. StateAppellate Division of the Supreme Court of the State of New York · 1956
  2. Bartlett v. StateAppellate Division of the Supreme Court of the State of New York · 1954

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