Opinion
June 24, 1949.
Present — Taylor, P.J., McCurn, Love, Vaughan and Kimball, JJ. [See post, p. 1019.]
Judgment affirmed, without costs of this appeal to either party. Memorandum: Where, as in this case, it appears that the defendant State of New York appropriated certain lands of the claimant and that thereafter and within two years from the date of said appropriation claimant duly filed with the Clerk of the Court of Claims a claim for compensation for the land so appropriated, it is our opinion that the service of a copy of the claim on the Attorney-General as provided for in section 11 CTC of the Court of Claims Act is not a requirement precedent to the jurisdiction of the Court of Claims to determine the amount of compensation for the taking. In our opinion, the section, insofar as it requires service of a copy of a claim upon the Attorney-General, does not apply in the case of the taking of private property for the public use where the question to be determined is not one of liability but is solely one of amount of the compensation to be paid for the taking. All concur. (The judgment awards damages for appropriation of land for highway construction.)