These are claims for damages to real property caused by the overflow of water from an adjoining stream onto claimants' land, allegedly resulting from a defective culvert under a State highway. The defendant contended that the claim was not timely filed within the provision of subdivisions 3 and 4 of section 10 of the Court of Claims Act. Claimants maintained that the applicable statute was section 58 of the Highway Law. The court...
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