TOMPKINS v. STATE


7 N.Y.2d 906 (1960)

Burdette R. Tompkins et al., Appellants, v. State of New York, Respondent. (Claim No. 34193.)

Court of Appeals of the State of New York.

Decided January 21, 1960.


Attorney(s) appearing for the Case

Carroll J. Mealey for appellants.

Louis J. Lefkowitz, Attorney-General (Julius L. Sackman and Paxton Blair of counsel), for respondent.

Concur: Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, VAN VOORHIS and BURKE. Taking no part: Judge FOSTER.


Judgment reversed, with costs to appellants in this court and in the Appellate Division, and the order of the Court of Claims denying the motion to dismiss the claim reinstated. The first cause of action is sufficient since it alleges a continuing wrong by the State in maintaining an improperly constructed highway. As to the State's further ground for dismissal — that the notice of intention and claim were not timely filed — the claim does not on its face show...

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