Graves v. East Hudson Parkway Authority

Appellate Division of the Supreme Court of New York

Graves v. East Hudson Parkway Authority

43 A.D.2d 607, 348 N.Y.S.2d 590, 1973 N.Y. App. Div. LEXIS 3251

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 1, 1973

DocketClaim No. 55102

StatusPublished

Cited by1 cases

This text of 43 A.D.2d 607 (Graves v. East Hudson Parkway Authority) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Graves v. East Hudson Parkway Authority, 43 A.D.2d 607, 348 N.Y.S.2d 590, 1973 N.Y. App. Div. LEXIS 3251 (N.Y. Ct. App. 1973).

Pincite

Opinion

—Appeal from an order of the Court of Claims, entered March 28, 1973, which denied a motion to dismiss the claim. The issue raised by the appellants is whether chapter 42 of the Laws of 1972 properly conferred jurisdiction on the Court of Claims to hear and determine this claim. Appellants’- brief cites a wealth of case law supporting the rule that public authorities are not State agencies. With this one must agree. However, from this appellants conclude that because the act in question authorized suit against “the state, its officers, agencies or employees”, it is not sufficient to confer jurisdiction in this suit against a public authority. The particularity of the act in naming the claimants and in describing the facts surrounding the accrual of their claims makes it clear that the intent of the Legislature was to provide the Court of Claims as a forum for these claimants déspite their failure to timely file a notice of claim. Pursuant to that intent, this action should proceed to a final adjudication on the merits. (See McKinney’s Cons. Laws of N. Y., Book 1, Statutes, § 96.) Order affirmed, with costs. Herlihy, P. J., Greenblott, Cooke, Sweeney and Reynolds, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

—Appeal from an order of the Court of Claims, entered March 28, 1973, which denied a motion to dismiss the claim. The issue raised by the appellants is whether chapter 42 of the Laws of 1972 properly conferred jurisdiction on the Court of Claims to hear and determine this claim. Appellants’- brief cites a wealth of case law supporting the rule that public authorities are not State agencies. With this one must agree. However, from this appellants conclude that because the act in question authorized suit against “the state, its officers, agencies or employees”, it is not sufficient to confer jurisdiction in this suit against a public authority. The particularity of the act in naming the claimants and in describing the facts surrounding the accrual of their claims makes it clear that the intent of the Legislature was to provide the Court of Claims as a forum for these claimants déspite their failure to timely file a notice of claim. Pursuant to that intent, this action should proceed to a final adjudication on the merits. (See McKinney’s Cons. Laws of N. Y., Book 1, Statutes, § 96.) Order affirmed, with costs. Herlihy, P. J., Greenblott, Cooke, Sweeney and Reynolds, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

43 A.D.2d 607, 348 N.Y.S.2d 590, 1973 N.Y. App. Div. LEXIS 3251, Counsel Stack Legal Research, https://law.counselstack.com/opinion/graves-v-east-hudson-parkway-authority-nyappdiv-1973.

Opinion

Related

Cite This Page — Counsel Stack