New York Court of Appeals, 1917

Butterfield v. . the State of New York

Butterfield v. . the State of New York
New York Court of Appeals · Decided November 13, 1917 · <italic>Per Curiam</italic>.
117 N.E. 940; 221 N.Y. 701; 1917 N.Y. LEXIS 1573 (North Eastern Reporter)
Butterfield v. . the State of New York

Cases that cite this one

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Opinion of the Court

Per Curiam.

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.