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GARNERVILLE HOLDING CO. v. STATE OF N. Y.

5 Misc.2d 611 (1957)

Garnerville Holding Company, Inc., Claimant, v. State of New York, Defendant. (Claim No. 33051.) Garnerville Improvement Corporation, Claimant, v. State of New York, Defendant. (Claim No. 33052.)

Court of Claims.

March 14, 1957.

Attorney(s) appearing for the Case

Samuel Miller for claimants.

Louis J. Lefkowitz, Attorney-General (Lawrence Wayne of counsel), for defendant.

SIDNEY SQUIRE, J.

The State moves to dismiss these two claims, contending that the claims were not filed within the time provided by section 10 of the Court of Claims Act, i.e., two years.

It is not disputed that although notices of intention to file claims were filed on January 27, 1953, the claims were not filed until February 28, 1955, more than two years thereafter.

Claimants' pleading in...

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