Hotchkiss v. State

Having failed to commence her action within the prescribed period, claimant now seeks leave to file her proposed claim (Court of Claims Act, § 10, subd. 5). Though the cause accrued on September 28, 1952, the instant application was served and filed on September 28, 1954, long after the *853required ninety-day period and upon the very last day of the two-year limitation period. On October 24, 1952, claimant’s attorney, who was retained on or about October 20, 1952, wrote to the Director of the Creedmoor State Hospital, where the accident occurred, advising him fully about the event. Among other…