Stone v. State

New York State Court of Claims

Stone v. State

206 Misc. 720, 135 N.Y.S.2d 45, 1954 N.Y. Misc. LEXIS 2870

CourtNew York Court of Claims

DecidedNovember 8, 1954

DocketMotion No. 2688

StatusPublished

Cited by3 cases

This text of 206 Misc. 720 (Stone 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

Stone v. State, 206 Misc. 720, 135 N.Y.S.2d 45, 1954 N.Y. Misc. LEXIS 2870 (N.Y. Super. Ct. 1954).

Pincite

Opinion

Major, J.

This is a motion for permission to file a late claim against the State of New York, under subdivision 5 of section 10 of the Court of Claims Act.

Claimant’s sole excuse for his failure to file his claim is that he was ‘ ‘ ignorant of our laws and customs relative to the filing of claims against the State; and that he was not aware that he had a claim against the State of New York until he was recently apprised of the fact

There is nothing to indicate that he was under a disability or that he was physically or mentally incapable of seeking counsel as to his rights.

Claimant does not present a reasonable excuse for his tardiness. (Havill v. State of New York, 284 App. Div. 932, and cases cited therein.)

Claimant’s motion is, therefore, denied.

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