(Download) "Heritage Corporation New York v. New York State Thruway Authority" by Supreme Court of New York # Book PDF Kindle ePub Free

March 06, 2021

eBook details

Title: Heritage Corporation New York v. New York State Thruway Authority
Author : Supreme Court of New York
Release Date : January 16, 1974
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 74 KB

Description

The appellant had leased two buildings from the claimant and claimants predecessors, said leases expiring on March 31, 1972 and April 1, 1972. Both leases had covenants requiring the appellant to surrender the premises in as good order and condition as when received, natural wear and tear and damage by the elements including fire excepted. The record establishes that in and about the time the leases expired the appellant and claimant corresponded in regard to possible damages resulting from a failure to surrender the buildings in the appropriate good condition. The claim herein was filed on January 18, 1973 and well beyond the six-month period for filing pursuant to subdivision 4 of section 10 of the Court of Claims Act. There is no doubt that liability on the part of the appellant, if any, came into existence upon the expiration of the lease and its simultaneous surrender of possession of the buildings. Furthermore, the affidavits establish that damages were readily observable and ascertainable as of the date the premises were surrendered, albeit they might have been indefinite to some extent. Accordingly, the claimant failed to file the claim within the six-month period required by the Court of Claims Act. (See Bronxville Palmer [44 A.D.2d 869 Page 870]