From Casetext: Smarter Legal Research

Conti v. State

Appellate Division of the Supreme Court of New York, Third Department
Sep 20, 1950
277 App. Div. 955 (N.Y. App. Div. 1950)

Summary

In Conti v. State of New York (277 A.D. 955), the claim, verified at earlier date, was not filed until the ninety-first day, due to the carelessness of the claimant's attorney.

Summary of this case from Grynewytsch v. State of New York

Opinion

September 20, 1950.

Appeal from Court of Claims.

Present — Foster, P.J., Heffernan, Brewster, Deyo and Coon, JJ.


On November 18, 1949, Conti and one Lawrence, who were both civil employees of the New York National Guard, met with an accident while Conti was operating an automobile in which Lawrence was a passenger. As a result of the accident both were confined to a hospital until January 3, 1950. Conti verified a claim against the State on January 30, 1950, but this claim was not filed until February 17, 1950, which was one day too late. The failure to file was due to the carelessness of Conti's attorney. The State objected to the filing of the claim on the ground the time to do so had expired and that the claimant failed to show that the State had actual notice of the essential facts constituting the claim. On the papers submitted on the motion, the court below found that the failure to file the claim within the proper time should be excused and that the State was not prejudiced by the delay, and furthermore the proof indicated that the State had actual knowledge of the conditions in connection with the accident. Order unanimously affirmed, with $10 costs.


Summaries of

Conti v. State

Appellate Division of the Supreme Court of New York, Third Department
Sep 20, 1950
277 App. Div. 955 (N.Y. App. Div. 1950)

In Conti v. State of New York (277 A.D. 955), the claim, verified at earlier date, was not filed until the ninety-first day, due to the carelessness of the claimant's attorney.

Summary of this case from Grynewytsch v. State of New York

In Conti v. State of New York (277 App. Div. 955), the claim, verified at earlier date, was not filed until the ninety-first day, due to the carelessness of the claimant's attorney.

Summary of this case from Grynewytsch v. State of New York
Case details for

Conti v. State

Case Details

Full title:LAWRENCE E. CONTI, Respondent, et al., Claimants, v. STATE OF NEW YORK…

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

Date published: Sep 20, 1950

Citations

277 App. Div. 955 (N.Y. App. Div. 1950)

Citing Cases

McCabe v. State of N.Y

(See Hall v. State of New York, 28 A.D.2d 1034; Fenimore v. State of New York, 28 A.D.2d 626; Travelers Fire…

Killeen v. State of New York

The court, pointing out that the State had had notice of facts pertaining to the claim and not having been…