Butterfield v. . the State of New York
New York Court of Appeals
Butterfield v. . the State of New York, 117 N.E. 940 (N.Y. 1917)
221 N.Y. 701; 1917 N.Y. LEXIS 1573
<italic>Per Curiam</italic>.
Butterfield v. . the State of New York
Opinion of the Court
The order appealed from should be reversed, and the determination of the Court of Claims ' affirmed, with costs in this court and in the Appellate Division, upon the authority of Buckles v. State of New York (221 N. Y. 418).
The filing of the claim itself, even within six months, is not equivalent to the filing of the written notice of intention to file a claim against the state provided for by section 264 of the Code of Civil Procedure. (Curry v. City of Buffalo, 135 N. Y. 366.)
Hiscock, Ch. J., Chase, Cuddeback, Pound, McLaughlin and Andrews, JJ., concur; Hogan, J., concurs in result.
Order reversed, etc.
Reference
- Full Case Name
- Fred R. Butterfield, Respondent, v. the State of New York, Appellant
- Cited By
- 9 cases
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- Published