Kahn v. State

Three questions concerning the provisions of subdivision 5 of section 10 of the Court of Claims Act are involved herein: timeliness of making application, reasonableness of excuse offered for failure to file written notice of intention to file claim, and whether or not the State or its appropriate department had actual knowledge of the essential facts constituting the claim.

The question concerning timeliness of making application herein raises a phase of that subject not heretofore passed upon by this court.

On or about May 23, 1934, claimant entered into a contract with the State of New York,…