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sum as shall be just and suitable, notwithstanding the lapse of time since such claim or any part thereof accrued or the failure to do any act in relation to the presentation of such claim within the time prescribed by law; but no award shall be made or judgment rendered hereunder against the state unless sustained by such legal evidence as would create a liability in a court of law or equity against an individual or corporation, nor unless such claim shall be filed with the court of claims within three months after this act takes effect.

$ 2. This act shall take effect immediately.

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CHAPTER 415
AN ACT to confer jurisdiction on the court of claims to hear, audit and

determine the claim of the county of Sullivan for moneys alleged to have
been paid by such county to the towns and villages therein under the pro-

visions of section thirteen of the general municipal law. Became a law April 8, 1925, with the approval of the Governor. Passed,

three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Jurisdiction is hereby conferred upon the court of claims to hear, audit and determine the claim of the county of Sullivan against the state for moneys alleged to have been paid by such county between the years nineteen hundred and nineteen hundred and twenty-two, both inclusive, to certain towns and villages therein, as a refund of taxes or otherwise, which payment was made necessary by reason of, in connection with or in consequence of carrying into effect the provisions of section thirteen of the general municipal law. The court may make an award thereon and render judgment in favor of such county against the state for such sum not exceeding the sum of thirty-five thousand one hundred eighty-four dollars and seventeen cents, as the court may determine to be justly due, notwithstanding the failure of such county to file notice of intention to file such claim, and notwithstanding the failure of such county to file such claim within the time prescribed by section twelve of the court of claims act. The state hereby consents to have its liability on such claim determined and if it be found that such moneys should be morally and equitably refunded by the state to such county, such judgment may be entered as hereinbefore provided. The jurisdiction conferred by this act shall not attach unless the claim be filed within six months after this act takes effect.

§ 2. This act shall take effect immediately.

Claim to be filed,

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CHAPTER 416
AN ACT to confer jurisdiction on the court of claims to hear, audit and

determine the claim of James Sweeney, junior, as sole executor of the
last will and testament of James Sweeney, against the state for compensa-
tion, and to fix such compensation for the appropriation by the state on
or about November fourteenth, nineteen hundred and seventeen for canal
purposes of certain lands alleged to be owned by the claimant and situated

in the city of Tonawanda, in the county of Erie.
Became a law April 8, 1925, with the approval of the Governor. Passed,

three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Jurisdiction is hereby conferred upon the court of Juris. claims to hear, audit and determine the claim of James Sweeney, conferred. Junior as sole executor of the last will and estament of James Sweeney, of the city of North Tonawanda, Niagara county, against the state, for compensation, and to fix the compensation on account of the appropriation by the state, on or about November fourteenth, nineteen hundred and seventeen for canal purposes pursuant to chapter one hundred and forty-seven of the laws of nineteen hundred and three and the acts amendatory thereto, of certain lands with the buildings and improvements thereon in the city of Tonawanda, Erie county, of which the claimant is alleged to have been the owner or the owner of an estate or interest therein, which lands are part of a triangular piece of land lying between the Erie canal, Tonawarda creek, and the Military road and are bounded on the north by Tonawanda creek, on the east by lands conveyed to the Buffalo and Niagara Falls Railroad Company, on the south by the Erie canal and on the west by the continuation of the Military road and comprise an area of about one hundred and eighty-seven square feet and are the same property conveyed by John Nice and Mary R. Nice, his wife, by deed dated January sixth, eighteen hundred and eighty and recorded March eighth, eighteen hundred and eighty in Erie county clerk's office in book of deeds three hundred and four, at page four hundred and thirtytwo. If the court shall find that the claimant was the owner of Court to such lands or owned an interest or estate therein, that such ap- judgment. propriation was made whereby the state acquired title to such lands or such estate or interest therein and that the claimant has not received from the state any compensation therefor, it shall fix such compensation and render judgment therefor in favor of the claimant and against the state. Such jurisdiction shall attach Jurisdicnotwithstanding the failure of the claimant to have filed such claim attacho notwithin the time prescribed by law, or to have complied with any withstandstatute relative to notice of intention to file such claim, provided larities. the claim hereunder is filed with the court of claims within one Claim to year after this act takes effect. § 2. This act shall take effect immediately.

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CHAPTER 417
AN ACT conferring jurisdiction on the court of claims to hear and deter.

mine the alleged claim of Albert Stevens against the state for damages
to his property by reason of a highway improvement in the village of

Camillus.
Became a law April 8, 1925, with the approval of the Governor. Passed,

three-fifths being present.
The People of the State of New York, represented in Senate and Assembly,
do enact as follows:

Section 1. Jurisdiction is hereby conferred upon the court of conferred. claims to hear, audit and determine the alleged claim of Albert

Stevens against the state for damages sustained by him by reason of the widening by the state of the roadbed of the state highway in the village of Camillus and in other ways altering and improving such highway and constructing a concrete wall in connection therewith, by means of all of which the property of such claimant, with the structures thereon, being a part of lot eighty in the town of Camillus, was to a great extent rendered inaccessible and unmarketable, deprived of light and air and otherwise damaged and depreciated.

The state hereby consents to have its liability upon such claim judgment determined and if the court shall find that the property of such

claimant was damaged substantially in the manner hereinbefore standing

set forth, such claim shall constitute a valid claim against the state, and the court may award judgment to the claimant for such sum as may be reasonably due to the claimant by reason of such damages, notwithstanding the failure of the claimant to file notice of intention to file such claim within the time limited therefor by statute; provided the claim allowed by this act be filed with the court of claims within one year after this act takes effect.

§ 2. This act shall take effect immediately.

Court may award

notwith

failure to file notice of intention.

Claim to be filed.

CHAPTER 418
AN ACT conferring jurisdiction on the court of claims to hear and deter.

mine the alleged claim of Elizabeth Roller and Laura R. Strebel against
the state for damages to their property by reason of a highway improve-

ment in the village of Camillus. Became a law April 8, 1925, with the approval of the Governor. Passed,

three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Jurisdiction is hereby conferred upon the court of conferred. claims to hear, audit and determine the alleged claim of Elizabeth

Roller and Laura R. Strebel against the state for damages sustained by them by reason of the widening by the state of the roadbed of the state highway in the village of Camillus and in other ways altering and improving such highway and constructing a concrete wall in connection therewith, by means of all of which the property of such claimants, with the structures thereon, being a part of lot

Jurigdiction

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eighty in the town of Camillus, was to a great extent rendered inaccessible and unmarketable, deprived of light and air and otherwise damaged and depreciated.

The state hereby consents to have its liability upon such claim Court may determined and if the court shall find that the property of such claimants was damaged substantially in the manner hereinbefore notwithset forth, such claim shall constitute a valid claim against the state, failure and the court may award judgment to the claimants for such sum notice of as may be reasonably due to the claimants by reason of such dam- intention, ages, notwithstanding the failure of the claimants to file notice of intention to file such claim within the time limited therefor by statute; provided the claim allowed by this act be filed with the claim to court of claims within one year after this act takes effect.

§ 2. This act shall take effect immediately.

be filed.

diction conferred.

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CHAPTER 419
AN ACT to confer jurisdiotion on the court of claims to hear, audit and

determine the claim of Max Schechter against the state for personal in-
juries alleged to have been sustained by him by the explosion of a gas
tank which was being operated in a building owned by the state at the
city of Saratoga Springs by and under the direction and supervision of

the state.
Became a law April 8, 1925, with the approval of the Governor. Passed,

three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Jurisdiction is hereby conferred upon the court of Jurisclaims to hear, audit and determine the claim of Max Schechter against the state for personal injuries alleged to have been sustained by him, in the month of November, nineteen hundred and twenty-three, while he was lawfully traveling upon a public highway, by the explosion of a gas tank which was being operated by and under the direction and supervision of the state in a building owned by the state in the city of Saratoga Springs, New York, and which explosion caused an object or objects to be thrown violently against him; and if the court shall find that such personal injuries occurred or were caused by the negligence of the state or its employees, while acting in the course of their employment and without contributory negligence on the part of the claimant, the state shall be deemed liable for such negligence and damages therefor shall constitute a legal and valid claim against the state, and the court shall award and render judgment for the claimant against the state for such sum as shall be just and equitable.

§ 2. Nothing in this act shall be construed as passing upon the Saving merits of such claim or as precluding the state from interposing any legal or equitable defense and no award shall be made or Evidence. judgment rendered against the state hereunder unless sustained by such legal evidence as would create a liability in a court of law or equity against an individual or corporation or unless such claim to claim shall be filed with the court of claims within one year after this act takes effect.

§ 3. This act shall take effect immediately.

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CHAPTER 420

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Jurisdiction conferred.

AN ACT to confer jurisdiction on the court of claims to hear, try and de

termine the alleged claim of Lawrence Barnes against the state for personal injuries while working in the garage of the superintendent of the Reform School at Randall's Island, alleged to have been sustained by the

negligence of the state. Became a law April 8, 1925, with the approval of the Governor. Passed,

three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Jurisdiction is hereby conferred on the court of claims to hear, try and determine the alleged claim of Lawrence Barnes against the state for personal injuries while working in the garage of the superintendent of the Reform School at Randall's Island, alleged to have been sustained by reason of the negligence of the state, notice of intention to file such claim not having been seasonably given and such claim not having been filed within the period required by law, with the same force and effect as though such notice had been duly given and such claim duly filed.

§ 2. If the court shall find that the claimant sustained personal injuries and that such injuries were caused by the negligence of state employees, while acting in the course of employment, without contributory negligence on the part of the claimant, the state shall be deemed to have been liable for such negligence on the part of said employees, and damages therefor shall constitute a legal and valid claim against the state, and the court may award to and render judgment for the claimant for such sum as it shall find just and equitable, provided the claim herein is filed with the court of claims within one year after this act takes effect.

§ 3. This act shall take effect immediately.

Court may render judgment.

Claim to be filed.

CHAPTER 421

AN ACT to confer jurisdiction on the court of claims to hear, audit and

determine the claim of Joseph J. Fredella against the state for increased cost and expense of work performed and materials furnished, occasioned by the alleged acts, faults and omissions of the state of New York, its officers, agents and servants, in connection with state highway repair contract numler thirteen hundred and seven, for the repair of WestportWadhams Mills county highway number twelve hundred and eighty-five,

county of Essex, and for damages for breach of said contract. Became a law April 8, 1925, with the approval of the Governor. Passed,

three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Jurisdiction is hereby conferred upon the court of claims to hear, try and determine the claim of Joseph J. Fredella, for which a notice of intention to file a claim was filed in the

Jurigdiction conferred.

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