New York Court of Appeals

Sandra Cimo, Appellant v. State of New York, Respondent

December 3, 1953306 N.Y. 143

Summary

The Court of Appeals affirmed the Appellate Division's order denying late filing of a grade‑crossing damage claim, holding that the six‑month limitation in the Grade Crossing Elimination Act controls and precludes the discretionary two‑year extension under the Court of Claims Act. Justice Van Voorhis dissented, arguing the more liberal provision of the 1939 amendment should apply.