Majority
p. 830Alfred C. Toof, Appellant, v. State of New York, Respondent. Bankers Indemnity Insurance Company, Intervenor, Respondent. (Motion No. 544.)
Claimant has appealed from an order of the Court of Claims denying his application for leave to file a claim. Claimant contends that he sustained personal injuries on the 8th day of May, 1939, while operating his automobile on a State highway and that his injuries resulted solely from the negligence of the State. He failed to file a claim within the time required by law. It is apparent as a result of his injuries claimant was unable to consult with counsel for a substantial period of time. It also appears that the State cannot be prejudiced by a granting
p. 831
of the application. Order reversed, on the law and facts, with ten dollars costs and disbursements, and motion granted and claimant is hereby given permission to file a claim within twenty days after the entry of an order in conformity with this decision. Hill, P. J., Crapser and Heffernan, JJ., concur; Schenck and Foster, JJ., dissent.