(DOWNLOAD) "Eighth Ave. Associates Et Al. v. State New York" by Supreme Court of New York ~ Book PDF Kindle ePub Free
eBook details
- Title: Eighth Ave. Associates Et Al. v. State New York
- Author : Supreme Court of New York
- Release Date : January 22, 1968
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
Appeal from an order of the Court of Claims permitting claimants to file a late notice of claim. The claim is for fire damage
which occurred on March 10, 1966 to premises rented by claimants to the State Division of Employment. In support of their
application for permission to file a late notice of claim (Court of Claims Act, § 10, subd. 5), claimants' attorney served
an affirmation stating that on June 1, 1966 a notice of intention to file claim was served upon the Division of Employment
but that "affirmant's office inadvertently failed" to file the notice with the Clerk of the Court of Claims (Court of Claims
Act, § 11) and that on March 1, 1967 a notice of claim was served upon the Attorney-General but that "Again the party handling
this file neglected to file a copy * * * with the Clerk's office". Under subdivision 5, above referred to, a claimant's application
must show, among other things, "a reasonable excuse for the failure to file". If we were to indulge the doubtful assumption
that the conclusory allegation that the attorney "inadvertently" failed to file constitutes an "excuse", we would be obliged
to hold that an attorney's inadvertence is not a "reasonable excuse". (Landry v. State of New York, 1 A.D.2d 934, affd. 2
N.Y.2d 927; Crane v. State of New York, 29 A.D.2d 1001; Fenimore v. State of New York, 28 A.D.2d 626; Hall v. State of New
York, 28 A.D.2d 1034.) Disposition Order reversed, on the law and the facts, application denied and claim dismissed; without
costs.