Case law

City of New York v. State

61 Misc. 2d 517 · New York Court of Claims · Dec 1, 1969

The quoted subdivision 4 of section 10 of the Court of Claims Act clearly provides that a claim ‘ ‘ shall be filed within 6 months after the accrual of such claim ’ In the voluminous papers before me, there is no disclosure … [c], p. 904): ‘ A wide distinction exists between pure statutes of limitation and special statutory limitations qualifying a given right in which time is made an essence of the right created and the limitation is an inherent

Whitree v. State

56 Misc. 2d 693 · New York Court of Claims · May 14, 1968

Stanley (17 N Y 2d 256 [1966]) that the constitutional right to representation in habeas corpus proceedings was established. (See People ex rel. Simpkins v. Director of Pilgrim State Hosp., 22 A D 2d 699. Cf. … The record clearly discloses that this is what it was not. (See, also, People ex rel. Brown v. Johnston, 9 N Y 2d 482, 485.)

Murray v. State of New York

2025 NY Slip Op 51665(U) · New York Court of Claims · Aug 11, 2025

Defendant contends that Claimant Burke is not qualified to render such an opinion as to vehicle speed, and therefore her assessment is without probative value. … Claimants contend that the video footage clearly shows Finaro accelerating—not slowing—after making a right-on-red turn onto Bronx River Road—dense urban corridor, just 50—60 feet from another intersection, thereby falling

Fulton Light, Heat & Power Co. v. State

62 Misc. 189 · New York Court of Claims · Jan 15, 1909

The boundaries are described as along the pond; and unless in some manner qualified or restricted they, by legal construction, had the effect to embrace the bed within their grants. … The State is not in a position to show either of these facts and in this proceeding has not established either of these facts.

Fulton Light, Heat & Power Co. v. State

65 Misc. 263 · New York Court of Claims · Dec 15, 1909

The rights of the parties must be determined by reference to the facts and the established decisions of the courts. … Clearly all the land and water which were neces *286 sary for the improvement which the commissioners were then prosecuting.

Gottfried v. State

23 Misc. 2d 733 · New York Court of Claims · May 18, 1960

The claimant Gottfried’s land, as well as the lands of the others, are about 14 feet below the established level of the street grades in that vicinity. … The court held (p. 36) that “ an appropriation of land, unless qualified when made, is an appropriation of all that is annexed to the land, whether classified as buildings or as fixtures * * *.

Hopwah v. State of New York

2024 NY Slip Op 50260(U) · New York Court of Claims · Feb 15, 2024

However, the Appellate Division decision clearly reveals that the reversal of claimant's criminal matter was based on an improper jury instruction, which is not one of the covered grounds under the statute ( see People v … It follows here that claimant simply does not qualify for relief under Court of Claims Act § 8-b, as it is clear that his criminal case was reversed because the Court failed to properly instruct the jury ( see People v Hop

Patrick v. State

11 Misc. 3d 296 · New York Court of Claims · Dec 5, 2005

He was certified as a master trainer in SCIP in 1984, and remains so qualified in SCIP-R. To this day, he continues to conduct SCIP-R training courses for voluntary agencies and school districts. Mr. … While the developmental aides here were clearly troubled by what transpired, and the court does not find that they intended to cause Billy’s death, they were ill-equipped to deal with the events as they unfolded.

Aliaga v. State of New York

2024 NY Slip Op 51694(U) · New York Court of Claims · Dec 2, 2024

Gates confirmed that he clearly remembers July 3, 2016, the day Officer Kahl was injured (T1-443). Mr. … The evidence established that the operation was condoned by the highest levels of prison administration.

Aliaga v. State of New York

2024 NY Slip Op 51694(U) · New York Court of Claims · Dec 2, 2024

Gates confirmed that he clearly remembers July 3, 2016, the day Officer Kahl was injured (T1-443). Mr. … The evidence established that the operation was condoned by the highest levels of prison administration.