MOLINARO v. STATE OF NEW YORK


23 Misc.2d 938 (1960)

Clearence Molinaro, Claimant, v. State of New York, Defendant. (Claim No. 35430.)

Court of Claims.

June 30, 1960.


Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Thomas T. Basil of counsel), for defendant. Albert S. Scialfo for claimant.


FRED A. YOUNG, J.

This is a motion for an order dismissing the above-entitled claim upon the ground that the court does not have jurisdiction over the subject matter of this action since the claim was not filed within 90 days after the accrual of said action as provided under subdivision 3 of section 10 of the Court of Claims Act.

There is no question that a claimant faced with acts of continuing trespassing must file within 90 days of the accrual...

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