Opinion
January 9, 1952.
Appeal from Court of Claims.
Present — Foster, P.J., Heffernan, Brewster, Bergan and Coon, JJ.
Claimant was injured in automobile accident which happened on May 14, 1950. She did not file a claim, or notice of intention to file, within ninety days as required by subdivision 3 of section 10 of the Court of Claims Act. Her excuse for this failure was that she assumed, from investigations made, that the collision occurred on a highway known as Route 17 in the State of New York, and that no intersecting highway was involved. Later she secured some evidence that the car which collided with the car in which she was riding came from an intersecting highway. She alleges that this intersection was a dangerous one, and the State had negligently failed to give adequate warning of its existence. The order appealed from was discretionary with the Court of Claims and we find no abuse of discretion; and in the exercise of our own discretion we decline to grant permission applied for. Order unanimously affirmed, without costs.