[Download] "Carl Erca Et Al. v. State New York" by Court of Appeals of New York ~ eBook PDF Kindle ePub Free

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eBook details

• Title: Carl Erca Et Al. v. State New York
• Author : Court of Appeals of New York
• Release Date : January 07, 1977
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 53 KB

Description

[42 N.Y.2d 854 Page 854] Appeal from an order of the Appellate Division of the Supreme Court in the Third Judicial Department, entered February 9, 1976, which (1) reversed, on the law and the facts, an order of the Court of Claims (Joseph Modugno, J.), granting claimants' application to file a late notice of claim, and (2) dismissed the claim. Claimants were injured on August 9, 1974 in an automobile accident on the Tappan Zee Bridge, and filed a claim against the State of New York. Claimants subsequently discovered that the bridge was part of the New York State Thruway system and was under jurisdiction of the New York State Thruway Authority. The Court of Claims granted claimant's application to file a late notice of claim on the Thruway Authority, finding that although inadvertence did not excuse the late filing, the fact that claimant Carl Erca was hospitalized for 76 days as a result of the accident constituted a reasonable excuse for late filing. The Appellate Division stated that it was not claimant's injuries which brought about the late filing, but the fact that the earlier claim was filed against the wrong party, and that the error in filing the claim against the wrong party was not excusable.

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