Burge v. State
Raymond G. Burge, as Administrator, etc., of William E. Burge v. The State of New York
Opinion of the Court
Text extracted by OCR from a scanned original; check the original for exact wording.
Order of the Court of Claims reversed on the law, with costs, and matter remitted to be heard upon the merits, upon the ground that by section 12 of the Court of Claims Act the State waives its immunity and jurisdiction is granted to the Court of Claims in a death case, and section 15 of the Court of Claims Act fixes six months as the time within which the notice of claim must be filed, while in section 12-a of the Court of Claims Act the State waives its immunity and the Court of Claims is given jurisdiction to hear “ and determine all claims against the state to recover damages for injuries to property or for personal injury caused by the misfeasance or negligence of the officers or employees of the state while acting as such officer or employee,” but does not include the statutory action granted a representative of a deceased person who has come to his death through injuries received by negligence of the *722 State. As to the latter, six months’ time for filing the claim or notice thereof is given by section 15 of the Court of Claims Act. Hill, P; J., Rhodes, McNamee, Bliss and Heffeman, JJ., concur.
How later courts describe this case
No later court has written an explanatory parenthetical about this case yet.
Cited by 3 cases
View all citing references →Relies on it most ⓘ
Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.