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 held that the six‑month filing deadline in §6 of the 1928 Grade Crossing Elimination Act controls over the more liberal discretionary extension in §10 of the Court of Claims Act, and therefore affirmed the Appellate Division’s reversal of the claimant’s late filing. The Court reasoned that the specific statutory limitation supersedes the general provision and that no implied repeal occurred. Justice Van Voorhis dissented, arguing that the 1939 amendment to the Court of Claims Act should apply to such claims.