§ 120 — Claims for damage generally

New York § 120

• Jurisdiction: New York
• Law CAL: Canal
• Art. 12: Damages

Text

§ 120. Claims for damage generally. There shall be allowed and paid to\nevery person sustaining damages from the canals or from their use or\nmanagement, or resulting or arising from the neglect or conduct of any\nofficer of the state or the corporation having charge thereof, or\nresulting or arising from any accident, or other matter or thing\nconnected with the canals, the amount of such damages to be ascertained\nand determined by the proper action or proceedings before the court of\nclaims, but no judgment shall be awarded by such court for such damages\nin any case unless the facts provided therein make out a case which\nwould create a legal liability against the state or the corporation,\nwere the same established in evidence in a court of justice against an\nindividual or corporation; but the corporation may make settlement of\nany such claim in any case where the amount thereof does not exceed the\nsum of five hundred dollars but no settlement shall be effective against\nthe state including the corporation until the same has been approved by\nthe attorney-general; provided that the provisions of this section shall\nnot extend to claims arising from damages resulting from the navigation\nof canals, and further provided that the provisions herein relating to\ndamages resulting from navigation of the canals shall control\nnotwithstanding any contrary or inconsistent provisions of any other\nlaw, general or special. The corporation shall not pay any damages\nawarded, or the amount of any commutations agreed on for the\nappropriation of land or water, or for the erection of a farm bridge,\nuntil a satisfactory abstract of title and certificate of search as to\nencumbrances is furnished, showing the person demanding such damages or\ncommutations to be legally entitled thereto, which abstract and search\nshall be filed in the office of the corporation.\n