Conklin v. State (46 A.D.2d 936, 1974)

—Appeal from a judgment, entered August 16, 1972, upon a decision of the Court of Claims. Claimant appeals from a judgment of the Court of Claims which dismissed his claim for damages resulting from the appropriation, pursuant to section 30 of the Highway Law, of premises situated in the Town of Riverhead, County of Suffolk, State of New York. Claimant owned and operated a diner on premises appropriated which were owned by a Joseph W. Twomey. The claim alleged that the State appropriated property upon which a diner rented and operated by claimant was located, and that the appropriation had caused damage to his business and personal property built and purchased for the diner. A trial of the issues was held in the Court of Claims on February 25, 1972. The Court of Claims determined that the allegation that the diner was rented by claimant was erroneous in that the diner building was owned by claimant and was situated upon leased lands; that claimant’s lease had terminated on July 31, 1969 since there was no evidence of renewal thereof; that claimant had no claim for injury to the leasehold premises, and that by the terms of the lease the claimant, having failed to remove the diner and other fixtures upon termination of the lease, had no right title or interest in the chattels which were affected by the appropriation. The State, for the first time on this appeal, contends that the claim was properly dismissed because the claim as filed failed to comply with section 11 of the Court of Claims Act in that there is no mention therein of the time when the claim accrued, and that the allegations as to the nature of the claim were misleading. This claim was filed with the Attorney-General on October 20, 1969. The claim proceeded to trial and no motion was made either before, during, or after the trial to dismiss for failure to comply with section 11 of the Court of Claims Act. The claim is technically imperfect and inaccurate in some respects, but on this record it is clear that the State was informed of the nature of the claim and the time of accrual thereof. The State was not deceived or misled. It had full knowledge of the facts and its rights were not prejudiced. The claim should be upheld. (Chalmers