Legal Opinion
Hugelmaier v. State
New York Court of Claims
Decided September 4, 1984No. Claim No. 69325PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Donald J. Corbett, Jr., J.
The State moves to dismiss the claim of David Hugelmaier for lack of subject matter jurisdiction.
The claim alleges damages to claimant’s outboard motorboat when it struck a submerged object or objects in the wide water area of the Barge Canal near Spencerport, New York. It is further alleged that dredging of the wide water area was in progress at the time of the incident on August 24, 1983.
The State relies upon section 120 of the Canal Law which in pertinent part provides that “the provisions of this section shall not extend to claims arising from…
2Cases cited8 opinions
- Locke v. . StateNew York Court of Appeals · 1894
- Zorn v. StateAppellate Division of the Supreme Court of the State of New York · 1899
- Rexford v. . State of New YorkNew York Court of Appeals · 1887
- Glens Falls Insurance v. StateNew York Court of Claims · 1947
- Penn No. 5, Inc. v. StateNew York Court of Claims · 1953
3 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Arquette v. StateNew York Court of Claims · 2001
- Marston v. StateNew York Court of Claims · 2012