Real Art Furniture Corp. v. State

New York State Court of Claims

Real Art Furniture Corp. v. State

28 Misc. 2d 606, 219 N.Y.S.2d 50, 1961 N.Y. Misc. LEXIS 2532

CourtNew York Court of Claims

DecidedAugust 3, 1961

DocketClaim No. 33918

StatusPublished

This text of 28 Misc. 2d 606 (Real Art Furniture Corp. v. State) is published on Counsel Stack Legal Research, covering New York Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Real Art Furniture Corp. v. State, 28 Misc. 2d 606, 219 N.Y.S.2d 50, 1961 N.Y. Misc. LEXIS 2532 (N.Y. Super. Ct. 1961).

Pincite

Opinion

William Gf. Easton, J.

Pursuant to order of this court, the trial of the instant claim was reopened on June 23, 1961 for the purpose of affording both parties an opportunity to adduce further evidence as to (1) the timeliness of filing of the claim, and (2) whether or not claimant had assigned or released its claim.

Upon the reopening, a certified copy of an affidavit of service recorded in the Westchester County Clerk’s office was received in evidence. This affidavit indicates that on September 26, 1951 claimant was served with notice of appropriation. The record of such affidavit is presumptive evidence of due service of such notice of appropriation. (Highway Law, § 347, subd. 9.) Claimant adduced insufficient evidence to overcome this presumption.

[607]*607In view of the fact that the instant claim was filed on June 26, 1956, such filing was not timely and the claim must be dismissed.

This court’s prior decision in this matter rendered August 23, 1960 is hereby vacated. The claim is hereby dismissed.

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

William Gf. Easton, J.

Pursuant to order of this court, the trial of the instant claim was reopened on June 23, 1961 for the purpose of affording both parties an opportunity to adduce further evidence as to (1) the timeliness of filing of the claim, and (2) whether or not claimant had assigned or released its claim.

Upon the reopening, a certified copy of an affidavit of service recorded in the Westchester County Clerk’s office was received in evidence. This affidavit indicates that on September 26, 1951 claimant was served with notice of appropriation. The record of such affidavit is presumptive evidence of due service of such notice of appropriation. (Highway Law, § 347, subd. 9.) Claimant adduced insufficient evidence to overcome this presumption.

[607]*607In view of the fact that the instant claim was filed on June 26, 1956, such filing was not timely and the claim must be dismissed.

This court’s prior decision in this matter rendered August 23, 1960 is hereby vacated. The claim is hereby dismissed.

Cite This Page — Counsel Stack

Bluebook (online)

28 Misc. 2d 606, 219 N.Y.S.2d 50, 1961 N.Y. Misc. LEXIS 2532, Counsel Stack Legal Research, https://law.counselstack.com/opinion/real-art-furniture-corp-v-state-nyclaimsct-1961.