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Apropo v. State of New York

Appellate Division of the Supreme Court of New York, Third Department
Oct 6, 1937
252 App. Div. 803 (N.Y. App. Div. 1937)

Opinion

October 6, 1937.

Appeal from Court of Claims.

Present — Hill, P.J., Rhodes, McNamee, Bliss and Heffernan, JJ. [ 161 Misc. 142.]


The statute in effect at the time the claim arose and at the time the notice of claim should have been filed provided that such claim must be filed within sixty days after it had accrued. (Court of Claims Act, § 12-a, as amd. by Laws of 1929, chap. 467.) The right to file the claim in question expired before the amendment of section 12-a, enacted by chapter 775 of the Laws of 1936. Also the proposed claim filed by the claimant fails to allege a complete cause of action by failing to show that the claimant was free from contributory negligence. Order unanimously affirmed, without costs.


Summaries of

Apropo v. State of New York

Appellate Division of the Supreme Court of New York, Third Department
Oct 6, 1937
252 App. Div. 803 (N.Y. App. Div. 1937)
Case details for

Apropo v. State of New York

Case Details

Full title:KIVIE APROPO, Appellant, v. THE STATE OF NEW YORK, Respondent. (Claim No…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Oct 6, 1937

Citations

252 App. Div. 803 (N.Y. App. Div. 1937)

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