MITCHELL v. STATE


14 A.D.2d 478 (1961)

Cora L. Mitchell, as Administratrix of The Estate of James C. Mitchell, Deceased, Respondent, v. State of New York, Appellant. (Claim No. 35082.)

Appellate Division of the Supreme Court of the State of New York, Third Department.

June 29, 1961


The facts appear in the opinion of the Court of Claims. (24 Misc.2d 853.) Upon this appeal, the State does not advance the jurisdictional objection urged below. It does contend that since it did not possess legal title to the land in process of excavation, section 241, referring to "contractors and owners", is inapplicable to it. The argument is without merit since the State was, nevertheless...

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