Wolf v. State — 247 N.Y. 542

Majority

p. 542

Joseph Wolf, Appellant, v. The State of New York, Respondent.

Headnote

State — claims — Statute of Limitations — claim properly dismissed for failure to file claim or notice of intention to file claim within six months after claim accrued.

Wolf v. State of New York, 219 App. Div. 584 , affirmed.

(Argued December 13, 1927;

decided January 10, 1928.)

Appeal from a judgment, entered January 20, 1927, upon an order of the Appellate Division of the Supreme Court in the third judicial department, reversing a judgment in favor of plaintiff entered upon an award of the Court of Claims and directing a dismissal of the claim on the ground that plaintiff had failed to comply with section 15 of the Court of Claims Act providing that either the

p. 543

written claim or written notice of intention to file a claim shall be filed with the clerk of the Court of Claims and the Attorney-General within six months after the claim accrued.

Max Dorff for appellant.

Albert Ottinger, Attorney-General (James Gibson of counsel), for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Andrews, Lehman, Kellogg and O’Brien, JJ.