Butterfield v. the State of New York

Full title: FRED R. BUTTERFIELD, Respondent, v . THE STATE OF NEW YORK, Appellant

Court: Court of Appeals of the State of New York

Date published: Nov 13, 1917

117 N.E. 940 (N.Y. 1917)

117 N.E. 940

Opinion

Argued October 9, 1917

Decided November 13, 1917

Merton E. Lewis, Attorney-General ( Edmund H. Lewis of counsel), for appellant.

W.E. Young and W. Chase Young for respondent.

Per Curiam.

The order appealed from should be reversed, and the determination of the Court of Claims affirmed, with costs in this court and in the Appellate Division, upon the authority of Buckles v. State of New York ( 221 N.Y. 418).

The filing of the claim itself, even within six months, is not equivalent to the filing of the written notice of intention to file a claim against the state provided for by section 264 of the Code of Civil Procedure. ( Curry v. City of Buffalo, 135 N.Y. 366. )

HISCOCK, Ch. J., CHASE, CUDDEBACK, POUND, McLAUGHLIN and ANDREWS, JJ., concur; HOGAN, J., concurs in result.

Order reversed, etc.