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eBook details

• Title: Modern Transfer Co. v. State New York
• Author : Supreme Court of New York
• Release Date : January 01, 1971
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

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[37 A.D.2d 756 Page 756] Order unanimously reversed, without costs, and motion denied. Memorandum: Claimant is an interstate carrier. On November
12, 1968 one of its trucks was involved in an accident on the New York State Thruway. On May 5, 1970, more than 17 months
after the accident, this motion for permission to file a late claim was made upon an affidavit by a director of plaintiff
alleging that he was a resident of the State of Pennsylvania and as such was not acquainted with the laws of the State of
New York in regard to notification of intent to file claims against the State. It is well established that ignorance of the
filing requirement is not a "reasonable excuse" for failure to file timely claim (Boland v. State of New York, 35 A.D.2d 855;
Landry v. State of New York, 1 A.D.2d 934, affd. 2 N.Y.2d 927; Havill v. State of New York, 284 App. Div. 932). Claimant also
suggests that it did not file a timely claim because it believed that the claim was being considered by the State's insurance
carrier in good faith. However, nothing had been done by the insurer and it had not even been in communication with claimant
during the 90-day filing period. In this circumstance, reliance on a probability of settlement is not available as a reasonable
excuse for not filing. Furthermore, since all of section 10 of the Court of Claims Act is jurisdictional in character, particularly
the timeliness of filing, the provisions must be strictly construed (Bommarito v. State of New York, 35 A.D.2d 458). (Appeal
from order of Court of Claims, [37 A.D.2d 756 Page 757]

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