CHAPTER 753 AN ACT to confer jurisdiction upon the court of claims to hear, audit and The People of the State of New York, represented in Senate and Assembly, do enact as follows: tion con Section 1. Jurisdiction is hereby conferred upon the court of Jurisdicclaims to hear, audit and determine the claim of Richard P. Healy, ferred. James H. Healy, Mary H. Kenna and Nora Healy, or their suc- Purpose. cessors in interest, and/or the owners, against the state for compensation and damages due for the value of lands appropriated by the superintendent of public works pursuant to chapter six hundred seventy-eight of the laws of nineteen hundred twentyeight, and if the court shall find that lands of claimants were appropriated for railroad grade crossing elimination and that claimants have not been compensated therefor, damages for such appropriation shall constitute a legal and valid claim against the state and the state shall be liable therefor, and the court may state make an award and render judgment for claimants, or one or more of such claimants, in such sum as shall reasonably compensate claimants for damages sustained, provided such claim is filed with the court of claims within six months after this act takes effect. liable. unless lia § 2. Nothing contained herein shall be construed as passing upon the merits of such claim, and no award shall be made or No award judgment rendered against the state unless sustained by such bility is evidence as would create a liability against an individual or created. corporation. § 3. This act shall take effect immediately. CHAPTER 754 AN ACT to confer jurisdiction upon the court of claims to hear and determine the claim of Frances Dunn Brockway as executrix of the estate of Albert L. Brockway, deceased, against the state for services rendered as an architect by such deceased Became a law May 21, 1934, 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: tion con Section 1. Jurisdiction is hereby conferred upon the court of Jurisdieclaims to hear and determine the claim of Frances Dunn Brockway ferred. as executrix of the estate of Albert L. Brockway, deceased, for Purpose. Notwithstanding. State liable. unless fla services rendered by such deceased as an architect at the request and by the direction of the state fair advisory board and under an agreement made with such board for the preparation of plans and supervision of the erection of buildings in accordance with such plans. § 2. The state hereby consents to have its liability on such claim determined, notwithstanding the absence of legal liability therefor or the failure of the claimant to file a claim therefor or notice of intention to file such claim or to do any other act in relation to the presentation of such claim within the time limit prescribed by law, provided a claim for such services shall be filed with the court of claims within six months after this act takes effect. If the court shall find the services were rendered by Albert L. Brockway, deceased, in the manner alleged in the claim therefor and that the state, in right or justice or in law or equity, should pay therefor, damages therefor shall constitute a valid and legal claim against the state and the state shall be deemed to have been liable therefor and the court shall determine the value of such services and make an award and render judgment for such sum as it shall find to be just and equitable. § 3. Nothing in this act shall be construed as passing upon the No award merits of this claim and no award shall be made or judgment rendered 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. bility is created. § 4. This act shall take effect immediately. CHAPTER 755 AN ACT making an appropriation for research and investigations by the Became a law May 21, 1934, with the approval of the Governor. Passed, The People of the State of New York, represented in Senate and Assembly, do enact as follows: Authority Section 1. The New York State Agricultural Experiment Staconferred. tion at Geneva is hereby authorized to conduct the work specified below, and for such work the following sum is hereby appropriated and made available: Appropriation. Purpose. For investigational work dealing with the corn ear worm including personal service, equipment and supplies (including the purchase of automobiles), travel communication and other costs of maintenance, the sum of three thousand five hundred dollars ($3,500). § 2. The moneys appropriated by this act shall be in addition to any other moneys appropriated for the use of the New York York State Agricultural Experiment Station at Geneva. § 3. Such moneys shall be paid from the treasury on the audit Payment. and warrant of the comptroller in the manner prescribed by law for the payment of moneys appropriated for the use of the New York State Agricultural Experiment Station at Geneva. § 4. This act shall take effect immediately. CHAPTER 756 AN ACT making an appropriation for the use of the New York state agriculture experiment station at Geneva, Ontario county, to pay for equipment, land rent and personal service in conducting experimental work and studies in promoting the production of hops in the state of New York Became a law May 21, 1934, with the approval of the Governor. Passed, on message of necessity, three-fifths being present The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. The sum of five thousand dollars ($5,000), or so Amount apmuch thereof as may be necessary, is hereby appropriated from any propriated. money in the state treasury not otherwise appropriated for the use of the New York state agriculture experiment station at Geneva, Ontario county, for the payment of purchasing and constructing Purpose. equipment, rent of land, personal service and all other expenses in connection with experimental work and studies in promoting the production of hops and the revival of the hop growing industry in the state of New York. Such equipment shall be purchased by the trustees of Cornell University and the payments of all moneys. hereby appropriated for such experimental work and studies shall be approved by the trustees of Cornell University as the representative of the education department, and such moneys shall be Payment. payable on the audit and warrant of the comptroller on certificates of the trustees of Cornell University approved by the education department. § 2. This act shall take effect immediately. CHAPTER 757 AN ACT conferring jurisdiction upon the court of claims to hear and determine the claim of Anne Sheffron against the state for personal injuries now pending in the court of claims and designated therein as claim number twenty-three thousand five hundred fifty-two Became a law May 21, 1934, with the approval of the Governor. Passed, on message of necessity, three-fifths being present The People of the State of New York, represented in Senate and Assembly, do enact as follows: tion con Section 1. Jurisdiction is hereby conferred upon the court of Jurisdicclaims to hear and determine the claim of Anne Sheffron against ferred. the state for damages for personal injuries sustained by her on or Purpose. about July second, nineteen hundred and thirty-three, at Jones Beach state Park, Nassau county, New York, by reason of the negligence of the state, its agents or employees, and through no negligence on the part of the claimant, in permitting wet soil and refuse to accumulate and remain in the path from automobile parking space number five to bath house number one in such park and in failing to provide proper drainage for such path resulting in injuries to claimant's left leg, now pending in the court of claims and designated therein as claim number twenty-three thousand five hundred fifty-two, and the state hereby consents to have its liability for damages alleged in such claim determined by such court, notwithstanding the failure of the claimant to file a claim therefor, or notice of intention to make and file such claim, or to do any other act in relation to the presentation of such claim within the time limited or prescribed therefor by law. The claim now filed in the court of claims shall be accepted as due and sufficient filing and presentation thereof. Nothing herein contained shall be construed as bearing upon the merits of such claim No award and no award shall be made or judgment rendered against the state unless, sustained by such evidence as would create a liability in a court of law or equity against an individual or corporation. § 2. This act shall take effect immediately. unless liability is created. Jurisdiction conferred. Purpose. CHAPTER 758 AN ACT to confer jurisdiction upon the court of claims to hear and determine the claim of Mabel I. Meaker Traister against the state to recover the value of real property taken by the state without compensation Became a law May 21, 1934, 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 and determine the claim of Mabel I. Meaker Traister against the state to recover the value of real property situated in the city of Syracuse, New York, which was taken by the state. without compensation and used by the Syracuse grade crossing commission in constructing an approach to the Midler avenue viaduct or bridge over the West Shore branch of the New York Central and Hudson River Railroad Company. § 2. The state hereby consents to have its liability on such claim determined, notwithstanding the failure of the claimant to file a claim therefor or notice of intention to file such claim or to do any act in relation to the presentation of such claim within the time limit prescribed by law, provided a claim for such damages shall be filed with the court of claims within six months after this act takes effect. § 3. If the court finds that such real property was taken and used in the manner alleged in the claim therefor and that the state in right or justice or in law or in equity should pay therefor, the value of such real property shall constitute a legal and valid claim against the state and the state shall be deemed to have been and State to be liable therefor and the court may award and render judgment for the claimant against the state for such sum as it shall find to be just and equitable. liable. unless lia § 4. Nothing herein contained shall be construed as passing upon the merits of such claim and no award shall be made or No award judgment rendered against the state unless sustained by such evi- bility is dence as would create a liability in a court of law or equity against created. an individual or corporation. § 5. This act shall take effect immediately. CHAPTER 759 AN ACT to confer jurisdiction upon the court of claims to hear, audit and determine the claim of John W. Ryan against the state of New York for damages sustained on account of injury to his automobile and to render judgment therefor Became a law May 21, 1934, 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: tion con Section 1. Jurisdiction is hereby conferred upon the court of Jurisdicclaims to hear, audit and determine the claim of John W. Ryan ferred. against the state of New York for damage to his automobile, dam- Purpose. ages for loss of use of the same while being repaired and for depreciation in value of the same after being repaired, if any, and other claims for damages arising therefrom, alleged to have been sustained in the month of July, nineteen hundred and thirty-two on state highway routes twenty-eight and three hundred sixty-five between Inlet and Blue Mountain lake in the county of Hamilton, while his said automobile was being operated thereon, alleged to have been caused by the negligence and carelessness of the state, its officers, agents, or employees in constructing and maintaining or in permitting the construction improperly and in the improper or inadequate maintenance of such highways, and allowing and permitting the use of inferior and improper materials and workmanship in the construction and/or maintenance thereof. § 2. If the court shall find that claimant was occasioned damages, as alleged, and that such damages were sustained by reason of the negligence as aforesaid and without any negligence on the part of the claimant contributing thereto, damages therefor shall constitute a legal and valid claim against the state and the state State shall be deemed liable therefor and the court may award to and liable. |