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No.

Name of Claimant

1191-A Kerbaugh, II. S., Inc.
1192-A Kerbaugh, H. S., Inc.
2051-A Kerbaugh, H. S., Inc..
2393-A Kerbaugh, II. S., Inc.
1279-A Konner, Victoria
9529 Strobel, Daniel F., & ano.

Amount

claimed $3,929 70

1,263 27 380,- 40 31

450 00 7,500 0:1 150,000 09

$3,870.737 7+

SUMMARIES FROM TIIE FOREGOING TABLES 1. Vumber of claims disposed of from March 22, 1915, to December 31, 1916...

619 2. Number of claims disposel of :rom January 1, 1916, to March 21, 1916

293

Total

9+2

In the claims disposed of by the court from March 22, 1915, to March 21, 1916, inclusive, the total amounts claimed and the total amounts awarded are as follows: 1. In claims disposed of from

Amount

claimed March 22, 1915, to December 31, 1915....... $3,803,862 12 $709.412 00

Amount awarded

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from March 22, 1915, to March 21, 1916, but not finally submitted, the total amount claimed is....

3,870,957 74

Amount
claimed

Amount awarded

The total amounts claimed in claims growing out of the appra priation of property by the State, and the awards made in these claims are as follows: 1. In claims disposed of from

March 22, 1915, to De

cember 31, 1915.... $2,388,752 42 $10,360 63 2. In claims disposed of from

1, 1916, to March 21, 1916....

6,206,320 24 672,761 30

January

Totals.

$8,595,072 66

$1,11:3.121 9:)

AWARDS BY OFFICIAL REFEREES The following awards by retired judges of the Court of Appeals, acting as official referees under chapter 229 of the Laws of 1911, were filed with the Court of Claims during the year 1913.

(By IIon. Irving G. Vann)

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Amount
claimed

Amount awarded

ano

481-A IIinckley, Mary E. & 2538-1

$370,000 00 688-1 Lincoln Spring Co... 559,000 00

(By Ilon. Albert IIaight) 775-.1 Palmer, Lowell M., et al

1,969,000 00

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Totals.

$2,898,160 00 $1,026.390 $3

JUDGMENTS ENTERED ON ORDER OF APPELLATE COURTS ('laims in which judgments have been entered by the Court of Claims during the year 1915, pursuant to the direction of the Appellate Division of the Supreme Court, Third Department, or of the Court of Appeals. Danes, Samuel 1. and another, ('laim No. 293-A.

Determination of the Board of Claims for $11,359.18 affirmed with costs.

(169 App. Div. 113. Opinion by lIoward, J.; Smith, P. J. and Lyon, J., lissenting.)

* See Judge Vann's opinion on page 95. ^ See Judge Vann's opinion on page 81. 1 See Judge Haight's opinion on page 55.

Judgment of the Court of Claims affirming determination and for $278.05 costs entered October 20, 1915.

New York Telephone Company, Claim No. 614-A.

Determination of the Board of Claims, dismissing claim, reversed with costs and judgment ordered by the Appellate Division for $801.70 with interest from date of appropriation. (169 App. Div. 310. Opinion by Lyon, J.; Smith, P. J., dissenting.)

Judgment of the Court of Claims for $997.45 and $119.00 costs entered December 11, 1915.

Palmer, Lowell M., et al., Claim No. 775-A.

Judgment of the Court of Claims (entered on the report of Hon. Albert Haight as official referee*) for $960,712.50, entered March 30, 1915, affirmed with costs. (17+ App. Div. 933. Dis senting opinion by Kellogg, P. J., concurred in by Woodward, J.)

Saratoga Victoria Spring, Inc., Claim No. 10707.

Determination of the Board of Claims for $30.761.67 affirmed with cost. (171 App. Div. 883. No opinion.)

Judgment of the Court of Claims affirming determination entered October 15, 1915.

Smith, Savilla F., as administratris, etc., Claim No. 10018.

Determination of the Board of Claims for $1,012.10 affirmed with costs. (171 App. Div. 959. No opinion, Smith, P. J., and Lyon, J., dissenting.) +

Van Antwerp, Bishop & Co., ('laim No. 1573-1.

Determination of the Board of Claims for $788.21 affirmed in part and reversed in part. (170 App. Div. 98. Opinion by Smith, P. J.: Howard, J., dissenting.)

Judgment of the Court of Claims entered December 10, 1915, pursuant to an order of the Appellate Division for $1,318.58 and $231.15 costs.

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See Judge Haight's opinion on page 55.

See 214 N. Y. 140. Opinion by Cardozo, J., concurred in by Bart. lett, Ch. J., Miller and Seabury, JJ.; dissenting opinion by Hiscock, J., concurred in how Chase and Hogan, JJ.

The Court of Claims wrote no opinions during the year 1915. The opinions filed with the court during this year by the retired judges of the Court of Appeals acting as official referees under chapter 229 of the Laws of 1911, will, however, be found on pages 55-102.

Before its abolition the Court of Claims had made thirteen annual reports to the Legislature, the thirteenth report covering the year 1909. By reason of the abolition of the court, its fourteenth annual report covering the year 1910 was never printed. Fortunately, however, it was prepared in manuscript, and is presented with this (the fifteenth) report. The importance to the State of having its records as complete and as available as possible not only to State officers but also to its citizens, is deemed to justify its publication as an appendix to this report. This four teenth report, as printed in the appendix, includes those opinious of the court rendered during the year 1910 which are still of public importance. Many of these opinions have not previously been published.

Very respectfully yours,

FREDERICK D. COLSON,

Clerk of the Court of Claims.

APPENDIX I

OPINIONS OF OFFICIAL REFEREES

FILED WITH THE

COURT OF CLAIMS

IN THE YEAR 1915

(47)

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