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PENN NO. 5, INC., v. STATE OF NEW YORK

205 Misc. 18 (1953)

Penn No. 5, Inc., as Owner of Barge Morania No. 130, Claimant, v. State of New York, Defendant. (Motion No. 2517.)

Court of Claims.

December 9, 1953.

Attorney(s) appearing for the Case

Stanley R. Wright for claimant.

Nathaniel L. Goldstein, Attorney-General (David V. Seaman of counsel), for defendant.

SYLVESTER, J.

Upon this motion for leave to file a late claim, pursuant to subdivision 5 of section 10 of the Court of Claims Act, the moving papers allege that on April 18, 1952, a tank barge owned by claimant collided with the bullnose of lock No. 5, Oswego Canal, Minetto, New York; that said collision was attributable to the negligent withdrawal of water from the canal into an adjacent powerhouse, owned and...

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