Hunter v. State

Appellate Division of the Supreme Court of New York

Hunter v. State

268 A.D. 948, 51 N.Y.S.2d 266, 1944 N.Y. App. Div. LEXIS 4354

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

DecidedNovember 22, 1944

DocketMotion No. 843; Motion No. 844; Motion No. 845; Motion No. 846

StatusPublished

Cited by3 cases

This text of 268 A.D. 948 (Hunter v. State) 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

Hunter v. State, 268 A.D. 948, 51 N.Y.S.2d 266, 1944 N.Y. App. Div. LEXIS 4354 (N.Y. Ct. App. 1944).

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Opinion

— Appeals from orders of the Court of Claims which denied motions by appellants for permission to file notices of claim. These three death claims and one personal injury claim arise out of an accident which happened on October 2, 1941, in the town of Parishville, St. Lawrence County, when an automobile in which the individual claimant and the claimants’ intestates were riding ran off a State highway and fell into a reservoir. The claimants’ attorneys were retained about December 5, 1941, and their preliminary investigations failed to reveal the alleged liability on the part of the State. They first learned this fact on May 1, 1942, and made their motions on June 19, 1942. In the three death cases the beneficiaries of the claimants include eleven small children. Written notice of claimants’ intention to file a claim was not filed within ninety days of the appointment of the administrators, which appointments were made on November 12, 1941, and November 17, 1941. The State police made a thorough investigation of the accident and considerable publicity was given to the accident in the newspaper in the city where the State Department of Public Works Division office is located. The Court of Claims denied the motions to file these notices of intention. Orders reversed on the law and facts, with twenty-five dollars costs and disbursements in each claim, and motions granted. All eonenr. [See post, p. 1073.]

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— Appeals from orders of the Court of Claims which denied motions by appellants for permission to file notices of claim. These three death claims and one personal injury claim arise out of an accident which happened on October 2, 1941, in the town of Parishville, St. Lawrence County, when an automobile in which the individual claimant and the claimants’ intestates were riding ran off a State highway and fell into a reservoir. The claimants’ attorneys were retained about December 5, 1941, and their preliminary investigations failed to reveal the alleged liability on the part of the State. They first learned this fact on May 1, 1942, and made their motions on June 19, 1942. In the three death cases the beneficiaries of the claimants include eleven small children. Written notice of claimants’ intention to file a claim was not filed within ninety days of the appointment of the administrators, which appointments were made on November 12, 1941, and November 17, 1941. The State police made a thorough investigation of the accident and considerable publicity was given to the accident in the newspaper in the city where the State Department of Public Works Division office is located. The Court of Claims denied the motions to file these notices of intention. Orders reversed on the law and facts, with twenty-five dollars costs and disbursements in each claim, and motions granted. All eonenr. [See post, p. 1073.]

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Bluebook (online)

268 A.D. 948, 51 N.Y.S.2d 266, 1944 N.Y. App. Div. LEXIS 4354, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hunter-v-state-nyappdiv-1944.

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