Cimo v. State of New York ( 1953 )

Van Voorhis, J.

(dissenting). No obstacle appears to exist which prevents applying the more liberal provision of the 1939 amendment of the Court of Claims Act (§ 10, subds. 4, 5) to grade crossing elimination claims, wMch appears to have been the intention of the Legislature in view of the statement in subdivision 4 of section 10 of the Court of Claims Act, that section 10 applies to all claims over which jurisdiction has been conferred upon the Court of Claims. The Grade Crossing Elimination Act does just that in the case of claims of the type now before the court (L. 1928, ch. 678, § 6).

Lewis, Ch. J., Conway, Dye, Fuld and Froessel, JJ., concur with Desmond, J.; Van Voobhis, J., dissents and votes to reverse in a memorandum.

Order affirmed.